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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY THIRD
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A. D.
1985
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1986
VOLUME LXV

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY THIRD
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A.D.
1985
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A.D.
1986
VOLUME LXV
1
CHAPTER 1
FORMERLY
HOUSE BILL NO. 67
AN ACT TO AMEND CHAPTER 13, TITLE 9 OF THE DELAWARE CODE RELATING TO THE
ASSESSMENT OF PROPERTY IN NEW CASTLE COUNTY IN YEARS OF GENERAL
REASSESSMENT OF PROPERTY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 1308, Chapter 13, Title 9 of the Delaware Code by adding a new
subparagraph (d) to read as follows:
"(d) Notwithstanding any provision of this Title, for any fiscal year in which the county
government of New Castle County proposes to implement a general reassessment of property, the
County Government may by ordinance establish appropriate and reasonable time periods for the
filing of exemption applications; submission, inspection and certification of assessment rolls; notices
of assessments; appeals from such assessments; and any other requirements relating to the
implementation of the general reassessment. In no case, however, shall the County Government
extend any such period more than 10 days beyond that otherwise established in this Title. This
authorization shall apply only to the fiscal year In which the general reassessment is implemented.
In each fiscal year thereafter, the procedures specified in this Title shall be followed."
Section 2. This Act shall become effective immediately upon its signature by the Governor and shall
apply to any acts required to be taken by New Castle County In connection with the implementation of
the general reassessment for Fiscal Year 1986.
Approved February 6, 1985.
CHAPTER 2
FORMERLY
HOUSE BILL NO. 1
AN ACT TO AMEND CHAPTER 66, TITLE 18, DELAWARE CODE RELATING TO LINE-OF-DUTY
DEATH BENEFITS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 56602 (1), Chapter 66. Title 18. Delaware Code by striking the number "50,000"
and substituting in lieu thereof the number "100,000".
Section 2. Amend 56602 W. Chapter 66, Title 18. Delaware Code by striking the number "10,000"
and substituting in lieu thereof the number "20,000".
Section 3. Amend 56601, Chapter 66, Title 18, Delaware Code by striking the period '.' at the end
of paragraph " .1" and substituting in lieu thereof the following:
"; or
k. Agents of the State Division of Alcoholic Beverage Control; or
I. Officers or agents of the State Office of Narcotics and Dangerous Drugs."
Section 4. Amend 56607, Chapter 66, Title 18, Delaware Code by striking the number "50,000" as it
appears in the last sentence of this section and substituting In lieu thereof the number "100,000".
Section 5. This Act shall be effective for any deaths occurring after July I, 1984.
Approved Febraruy 14, 1985.
2
CHAPTER 3
FORMERLY
HOUSE BILL NO. 61
AN ACT AUTHORIZING AND DIRECTING THE DEPARTMENT OF CORRECTIONS TO NAME THE
KENT CORRECTIONAL INSTITUTION LOCATED AT 300 WATER STREET, DOVER, DELAWARE,
AS THE JOHN E. MORRIS CORRECTIONAL INSTITUTION IN HONOR OF THE LATE JOHN
EDWARD MORRIS, REPRESENTATIVE FROM THE 34TH DISTRICT FROM 1972 TO 1980.
WHEREAS. Representative John Edward Morris was a distinguished Kent Countian whose service to
the citizens of Kent County as a Representative from 1972 to 1980 was outstanding; and
WHEREAS, Ed Morris' career was varied in that he successfully pursued many different careers, but
perhaps the closest one to his heart was his love for children and to be able to lend a helping hand to
those who were not only 1..s fortunate in the socio economic scheme of things, but also for those who
ran afoul of the law; and
WHEREAS, Ed Morris dedicated his life as a counselor in Juvenile corrections and was Instrumental
In establishing the Stevenson Home in Milford to house youth offenders and subsequently became the
Superintendent; and
WHEREAS, the Kent Correctional Center located at 300 Water Street, Dover, Delaware was one of
Ed Morris' deepest concerns and he devoted countless hours in trying to make the institution an effective
rehabilitative center for wayward Youth: and
WHEREAS, naming the Kent Correctional Institution in honor of John E. Morris is highly fitting and
proper.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. The Department of Corrections is hereby authorized and directed to name the Kent
Correctional Institution located at 300 Water Street, Dover, Delaware as the John E. Morris Correctional
Institution in honor of the late John E. Morris, Representative from the 34th District, Kent County.
Approved April 12. 1985.
CHAPTER 4
FORMERLY
HOUSE BILL NO, 99
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 3, TITLE 18, DELAWARE CODE, ESTABLISHING A REGULATORY
REVOLVING FUND FOR THE REVENUES AND EXPENSES OF THE OFFICE OF THE INSURANCE
COMMISSION; AND TO TRANSFER FUNDS FROM THE BUDGET OFFICE CONTINGENCY
(10-02-004) (SELF INSURANCE FUND) TO THE OFFICE OF THE INSURANCE COMMISSIONER
(12-03--001) (CONTRACTUAL SERVICES) FOR THE PURPOSE OF PROVIDING START- UP FUNDS
FOR THE REGULATORY REVOLVING FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §308, Chapter 3, Title 18, Delaware Code, by striking the section in its entirety
and substituting in lieu thereof the following;
"1308. Office; expenses; account of receipts; Regulatory Revolving Fund.
(a) The Department shall operate 2 offices, the principal office in Dover and a branch
office in Wilmington.
(2) There is hereby created within the Office of the Insurance Commissioner a Special
Fund to be designated as the Insurance Commissioner Regulatory Revolving Fund which shall be
used In the operation of the Office of the State Insurance Commissioner in the performance of
the various functions and duties required of the Office by law.
All supervisory assessments, examination fees and any rate filing or from filing fees paid by
Insurers and collected by the Commissioner pursuant to this Title shall be deposited in the State
Treasury to the credit of said state Insurance Commissioner Regulatory Revolving Fund to be used
in the operation of the office as authorized by the General Assembly in its annual operating budget.
All other fees and/or taxes collected by the Commissioner shall not be deposited in said fund but
shall be deposited in the General fund of the State,
Funds in the State Insurance Commissioner Regulatory Revolving Fund shall be used by the
Commissioner in the performance of his various functions and duties involved in the oversight of
insurance companies as provided by law, subject to annual appropriations by the Genera) Assembly
for salaries and other operating expenses of the office.
The maximum unencumbered balance which shall remain in the State Insurance
Commissioner Regulatory Revolving Fund at the end of any fiscal years shall be $70,000, and any
amount in excess thereof shall cause the Insurance Commissioner to reduce assessments or fees
collected in the next Fiscal Year by an amount sufficient to reduce the Regulatory Revolving Fund
Dice year end balance back to or below $70,000."
Section 2. The budget Director and the Controller General are hereby authorized and directed to
transfer the sum of $70,000 from the Budget Office Contingency (10 02 004) (Self insurance Fund) to the
Office of the Insurance Commissioner (Contractual Services). Such sum shall not be utilized in
computing the unencumbered balance as set forth in Section 1 of this Act. Such sum ($70,000) is to be
repaid by the office of the Insurance Commissioner to the Budget Office Self Insurance Contingency fund
on or before June 30,1986.
Approved April 12,1985.
3
4
CHAPTER 5
FORMERLY
HOUSE BILL NO. 131
AN ACT TO AMEND CHAPTER 42, TITLE 18 OF THE DELAWARE CODE TO DIRECT
THE DELAWARE INSURANCE GUARANTY ASSOCIATION TO ASSESS ITS MEMBER INSURERS
AND TO PAY OVER SUCH ASSESSMENT'S TO THE INSURANCE COMMISSIONER REGULATORY
REVOLVING FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (THREE-FIFTHS
OF ALL OF THE MEMBERS ELECTED TO EACH HOUSE THEREOF CONCURRING THEREIN):
Section I. Amend 54208, Chapter 42, Title 18 of the Delaware Code by adding to subsection (a) a
new paragraph "(9)" to read as follows:
"(9) Annually assess each member insurer an amount not to exceed one-tenth of one percent of
the member insurer's net direct written premiums written in Delaware. The Commissioner shall
determine the amount of this annual assessment and shall so notify the Association not later than
July 31 of the calendar year in which the assessment Ii to be made. This annual assessment shall be
included in, and shall not result in the member insurer's aggregate assessment under this chapter
exceeding, the 2% assessment limitation provided in paragraph (3) of this section. The proceeds of
the annual assessment provided by this paragraph (9) shall be paid over by the Association to the
Insurance Commissioner's Regulatory Revolving Fund to partially subsidize the oversight activities
of the Commissioner, thereby minimizing the need for the assessments provided for by paragraph (3)
of this section."
Approved April 12, 1985.
CHAPTER 6
FORMERLY
HOUSE BILL NO, 132
AN ACT TO AMEND CHAPTER 44, TITLE 18 OF THE DELAWARE CODE TO DIRECT 'THE DELAWARE
LIFE & HEALTH GUARANTY ASSOCIATION TO ASSESS ITS MEMBER INSURERS AND TO PAY
OVER SUCH ASSESSMENTS TO THE INSURANCE COMMISSIONER REGULATORY REVOLVING
FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (THREE-FIFTHS
OF ALL OF THE MEMBERS ELECTED TO EACH HOUSE THEREOF CONCURRING THEREIN):
Section 1. Amend Chapter 44, Title 18 of the Delaware Code by inserting in subsection (a) of
Section 4409, following the words and phrase "the powers and duties of the Association,", and before the
words and phrase "the Board of Directors shall assess", the words and phrase "and of minimizing the
Association's liability by partially subsidizing the oversight activities of the Commissioner".
Section 2. Further amend Chapter 44, Title 18 of the Delaware Code by striking from the first line
of subsection (b) of Section 4409 the numeral "3" and substituting in lieu thereof the word "four".
Section 3. Further amend Chapter 44, Title 18 of the Delaware Code by adding to subsection (b) of
Section 4409 a new paragraph "(4)" to read as follow::
Class D assessments shall be made annually to partially subsidize the oversight activities
of the Commissioner, thereby minimizing the need for Class B and Class C assessments."
Section 4. Further amend Chapter 44, Title 18 of the Delaware Code by adding to subsection (c) a
new paragraph "(5)" to read as follows:
Class D assessments shall be made against each member insurer annually in an amount not
to exceed one tenth of one percent of the member insurer's premiums written in this State during
the calendar year preceding the assessment. The Commissioner shall determine the amount of the
Class D assessment and shall so notify the Association not later than July 31 of the calendar year in
which the assessment Is to be made. The proceeds of this assessment shall be paid over by the
Association to the Insurance Commissioner's Regulatory Revolving Fund."
Section 5. Further amend Chapter 44, Title 18 of the Delaware Code by inserting in subsection (e)
of Section 4409, following the words and phrase "for each account", and before the words and phrase
"shall not In any I calendar year", the words and phrase ", and Including Class D assessments,".
Approved April 12. 1985.
CHAPTER 7
FORMERLY
HOUSE BILL NO. 146
AN ACT TO AMEND CHAPTER 216, VOLUME 27, LAWS OF DELAWARE AS AMENDED BY CHAPTER
454, VOLUME 60, CHAPTER 312, VOLUME 60, CHAPTER 233, VOLUME 51 AND CHAPTER 123,
VOLUME 35 RELATING TO "AN ACT AMENDING, MERGING AND CONSOLIDATING THE
CHARTER OF NEW CASTLE".
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two.- thirds of all
members elected to each House thereof concurring therein):
Section I. Amend Section 18, Chapter 216, Volume 27, Laws of Delaware as amended, by striking
the said Section in its entirety and inserting In lieu thereof the following:
"Section 18. The Council shall have power and authority to appropriate out of the Treasury, by
ordinance or resolution passed by a majority of all members, all sums of money necessary to carry
on the government of the City and defray the expenses thereof, and the said council shall fix and
determine the salary or compensation to be paid to the Police Constables, and all other persons in
the employ of the said City. The emoluments and compensations of the Mayor, President and
members of council and Treasurer shall be set from time to time by ordinance duly adopted by the
Mayor and council of New Castle. Until such an ordinance is passed, the Mayor shall receive twelve
hundred dollars per year, President of Council. eleven hundred dollars per year, members of Council,
one thousand dollars per year and Treasurer, eight hundred dollars per year. The compensation of
any officer elected by the people shall not be changed during his or her continuance In office."
Approved April 12, 1985.
CHAPTER 8
FORMERLY
SENATE BILL NO. 135
AN ACT TO AMEND CHAPTER 19, TITLE 14, DELAWARE CODE, RELATING TO .UNIFORM TAX
RATES FOR SCHOOL DISTRICTS THAT TRAVERSE TWO COUNTIES.
WHEREAS, the reassessment of properties in one county in a school district that lies in two counties
creates vast inequities in the tax payments based on assessment; and
WHEREAS, a uniform tax rate on properties obviously assessed at widely varying percentages of
true value would result in gross inequities among the taxpayers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend '1916, Chapter 19. Title 14. Delaware Code, by designating the existing
subsection (c) as subsection (d) and by adding a new subsection designated as (c) to read as follows:
"(c) Notwithstanding any other provisions of this Title to the contrary, the school board of the
district whose jurisdiction traverses county boundary lines and whose local school taxes are made
different u a result of property reassessment shall levy real estate taxes in the following manner:
I. In the county not reusessed, at a rate authorized by law and referendum.
2. In the county recently reassessed, at a newly calculated rate based on the newly established
assessments which at its maximum would bring in revenue equal to the amount authorized by law
and by referendum, based on the previous year's assessment, plus the quarterly updates and the 10%
increase as authorized by subsection (b) of this Section."
Approved April 25, 1985.
5
6
CHAPTER 9
FORMERLY
SENATE BILL NO. 39
AS AMENDED BY SENATE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1
TO SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 334, VOLUME 64, LAWS OF DELAWARE, BEING AN ACT ENTITLED
"AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE
FISCAL YEAR ENDING RINE 30, 1985, SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND
LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS: AND AMENDING CERTAIN PERTINENT
STATUTORY PROVISIONS".
WHEREAS, the 132nd General Assembly passed and the Governor signed Into Law
House Bill No. 699 concerning the Family Law Commission, and
WHEREAS, this Legislation provided for the members of the Family Law Commission
to receive travel expenses, and
WHEREAS, no funds were appropriated to pay travel expenses,
NOW THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 334, Volume 64, Section 1 by striking those figures
appearing in the "From" column within this Section 1 and substituting certain figures in
lieu thereof; by aiding a new line item and figure appearing In the "To" column; with
reference to the lines and pages on which the same appear as hereinafter set forth:
Approved May 2, 1985.
Increase
Ease Line Ornanizationfltern Erin To (Decrease)
2 2 (01- oa-000) LEGISLATIVE
2 3 (01-00.001) General Assembly House
2 9 Mileage Legislators 40.0 39.0 (1.0)
2 15a Travel Family Law Comm. 0 2,0 2.0
2 16 TOTAL General Assembly 1,454.1 1,455.1 1.0
2 17 (01-02-001) General Assembly Senate
2 23 Mileage- Legislative 27.5 26.5 (1.0)
2 30 TOTAL. General Assembly Senate 854.1 853.1 (1.0)
7
CHAPTER 10
FORMERLY
SENATE BILL NO. 101
AN ACT TO ALLOW ANDREW JOHN KELLEHER, A NON- RESIDENT, TO MARRY RHONDA YVONNE
MCCOY. A NON-RESIDENT.
WHEREAS, Andrew Kelleher wishes to marry Rhonda McCoy on June 8, 1985 in the State of
Delaware; and
WHEREAS, Rhonda McCoy's Grandmother lives in Newark, and both Andrew Kelleher and Rhonda
McCoy wish to Marry in Delaware; and
WHEREAS, both Andrew Kelleher and Rhonda McCoy are presently residing in the State of Texas;
and
WHEREAS, both Andrew Kelleher and Rhonda McCoy will not be able to return to Delaware more
than 96 hours prior to the time of their scheduled marriage; and
WHEREAS. 5107(a), Title 13 of the Delaware Code state, that a non-resident of Delaware must wait
96 hours after acquiring marriage license before the marriage ceremony may take place; and
WHEREAS. Andrew Kelleher and Rhonda McCoy could be married but for the non-residency
requirements of the Delaware Code; and
WHEREAS, it is the public policy of this State to encourage marriage.
NOW,THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Andrew Kelleher and Rhonda McCoy are hereby exempted from the application of
5107(a), Title 13 of the Delaware Code and are specifically permitted to marry on June I, 1985, or within
30 days thereafter; the Clerk of the Peace for New Castle County shall issue to Andrew Kelleher and
Rhonda McCoy an official marriage license pursuant to this Act, the provisions of Chapter 1, Title 13, or
any other law of this State to the contrary notwithstanding.
Approved May 2, 1985.
CHAPTER 11
FORMERLY
HOUSE BILL NO. 36
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 10, TITLE 22 OF THE DELAWARE CODE RELATING TO REAL
PROPERTY TAX EXEMPTIONS FOR PERSONS 65 OR OLDER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 51002, Chapter 10, Title 22 of the Delaware Code by striking the words "of the
first $5,000 of assessed valuation, provided" as they appear therein.
Section 2. Amend Chapter 10, Title 22 of the Delaware Code by striking 51003 in its entirety and
redcsignating Sections 1004 through 1007 as Sections 1003 through 1006.
Approved May 3, 1985.
8
CHAPTER 12
FORMERLY
SENATE BILL NO. 96
AS AMENDED BY SENATE AMENDMENT NO. 3
AN ACT TO AMEND TITLE 11, DELAWARE CODE, RELATING TO THE RIGHTS OF LAW
ENFORCEMENT OFFICERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title IL Delaware Code, by adding thereto a new Chapter to be designated as
Chapter 92 to read as follows:
"CHAPTER 92. POLICE BILL OF RIGHTS
§9200. Political Activity; Rights of Officers Under Investigation
(a) A law enforcement officer within a jurisdiction in this State has the same rights to engage
in political activity as are afforded to any other person. The right to engage in political activity
shall not apply to any law enforcement officer while he or she is on duty or when he or she is acting
In his or her official capacity or while in uniform.
(b) A 'law enforcement officer' for the purposes of the Chapter shall be defined as follows:
A police officer who is a sworn member of the following law enforcement agencies:
I. Delaware State Police;
Wilmington City Police Department;
New Castle County Police Department;
The police department, bureau, or force of any incorporated city or town within
this State;
S. The University of Delaware Police Division;
No law enforcement officer not a member of one of the above agencies shall be covered by
this Act.
(c) Whenever a law enforcement officer is under investigation or is subjected to questioning for
any reason which could lead to disciplinary action, demotion or dismissal, the investigation or
questioning shall be conducted under the following conditions:
I. The questioning shall be conducted at a reasonable hours, preferably at a time when the
officer Is on duty unless the gravity of the investigation in the opinion of the investigator is of
such degree that immediate questioning is required.
The questioning shall take place at the agency headquarters or at the office of the local
troop or police unit in which the incident allegedly occurred as designated by the investigating
officer or unless otherwise waived in writing by the officer being investigated.
The law enforcement officer under investigation shall be informed of the name, rank,
and command of the officer in charge of the Investigation. All questions directed to the officer
shall be asked by and through no more than two investigators. No complaint against an officer
shall be prosecuted under departmental rule or regulation unless the complaint is supported by
substantial evidence after investigation by an authorized member of the department.
The law enforcement officer under Investigation she! be Informed in writing of the
nature of the investigation prior to being questioned.
5 Interview sessions shall be for reasonable periods of time. There shall be times provided
for the officer to allow for such personal necessities and rest periods as are reasonably
necessary
6. Except upon refusal to answer questions pursued In a valid investigation, no officer shall
be threatened with transfer, dismissal or other disciplinary action.
7 A complete record, either written, taped or if taped, transcribed as soon as practicable,
shall be kept of all interviews held in connection with the administrative ii.vestigation upon
Chapter 12 9
notification that substantial evidence exists for seeking an administrative sanction of the law
enforcement officer. A copy of the record shaU be provided to the officer or his or her counsel
at his or her expense upon request.
If the law enforcement officer under interrogation is under arrest or may reasonably be
placed under arrest as a result of the investigation, he or she shall be informed of his or her
rights, including the reasonable possibility of his or her arrest prior to the commencement of
the interrogation.
At the request of any officer under questioning he or she shall have the right to be
represented by counsel or other representative of his or her choice, who shall be present at all
times during the questioning unless waived in writing by the Investigated officer. The
questioning shall be suspended for a period of time if the officer requests representation until
such time as the officer can obtain the representative requested If reasonably available.
W. An officer who is charged with violating any department rules or regulations or his
representative will be provided access to transcripts, records, written statements, written
reports analyses and video tapes pertinent to the case if they are exculpatory, intended to
support arty disciplinary action or are to be introduced in the departmental hearing on the
charges involved. Upon demand by the officer or counsel, they shall be produced within
forty- eight (48) hours of the written notification of the charges.
11. At the conclusion of the administrative investigation, the investigator shall inform in
writing the office of the investigative findings and any recommendation for further action.
89201. Prohibition of Adverse Material in Officer's File
No law enforcement agency shall insert any adverse material into the file of any officer except
the fife of the internal investigation or the intelligence division unless the officer has had an
opportunity to review, sign, receive a copy of and comment in writing on the adverse material.
89202. Disclosure of Personal Assets
No officer shall be required or requested to disclose any item of his or her personal property,
income, assets, sources of income, debts, personal or domestic expenditures (including those of any
member of his or her household), unless such information is necessary in investigating a violation of
any Federal, State, or local ordinance with respect to the performance of official duties or unless
such disclosure Is required by State or Federal law.
89203. Hearing Required on Suspension
In the event any officer is:
Suspended for any reason;
Charged with conduct alleged to violate the rules or regulations or general orders of
the department that employs him or her:
Charged with a breach of discipline of any kind which could lead to any form of
disciplinary action excluding reprimands which may become a part of the officer's personal
permanent record shall be entitled to a hearing under the guidelines of this Act or under any
contracted grievance procedure between the officers bargaining unit and his or her department.
89204. Time of Hearing
In the event an officer is entitled to a hearing, a hearing shall be scheduled within a reasonable
period of time from the alleged incident, but in no event more than thirty 00) days following the
conclusion of the internal investigation, unless waived in writing by the charged officer. The officer
shall be given written notice of the time and place of the hearing and the issues involved, including a
specification of the actual facts that the officer is charged with having committed; a statement of
the rule, regulation, or order that those facU are alleged to violate; and a copy of the rule,
regulation or order. The charge against the law enforcement officer shall advise him or her of the
alleged facts and that the violation of the rule constituted a basis for discipline, and shall specify
the range of applicable penalties that could be imposed.
59205. Impartial Board of Officer. Evidence of probative Value
An official record including testimony and exhibits shall be kept of the hearing.
The hearing shall be conducted within the department by an impartial board of officers.
The prosecuting party and the officer and/or his or her representative shall be given an opportunity
to present evidence and argument with respect to the issues involved. Both the department and the
10 Chapter 12
officer may be represented by legal counsel. In the event an impartial board cannot be convened.
then a board of three officers or more shall be convened under the auspices of the Delaware
Criminal Justice Commission.
Evidence which possesses probative value commonly accepted by reasonable and prudent
persons in the conduct of their affairs shall be admissible in evidence and given probative effect.
The Tribunal conducting the hearing shall give effect to the rules of privilege recognized by law and
may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. All records and
documents which any party desires to use shall be offered and made a part of the record.
Documentary evidence may be received in the form of copies of excerpts or by incorporation by
reference.
Every party shall have the right of cross examination of witnesses who testify and may
submit rebuttal evidence.
The Tribunal may take notice of judicially cognizable facts and in addition may take notice
of general, technical, or scientific facts within its specialized knowledge. Parties shall be notified
beforehand of the materials no noticed by the trial board. No law enforcement officer may be
adjudged guilty of any offense unless the hearing Tribunal is satisfied that guilt has been established
by substantial evidence.
§9206. Admission of Evidence Against Officer's Rights
No evidence may be obtained, received or admitted into evidence in any proceeding of any
disciplinary action which violates any of the rights established by the United States or Delaware
Constitution or by this Act. The Tribunal may not enter any judgment, or sustain any disciplinary
action based on any evidence obtained in violation of the officer's rights, as contained in this Act.
§9207. Decision Required in Writing and Mailed to Officer
Any decision, order or action taken following the hearing shall be in writing and shall be
accompanied by findings of fact. The findings shall consist of a concise statement upon each issue
in the case. A copy of the decision or order accompanying findings and conclusions along with the
written action and right of a peal, if any, shall be delivered or mailed promptly to the law
enforcement officer or to his/her attorney or representative of record.
§9208. Extra Work as Punishment Prohibited
No law enforcement officer shall be compelled to work extra duty without compensation as a
penalty for a disciplinary infraction. No suspension for any period of time provided in departmental
rules and regulations shall effect the law enforcement officer's eligibility for pension,
hospitalization, medical, and life insurance coverage or other benefits specifically protected under
his or her contract of employment. Suspension may effect time of pension eligibility by contractual
provision or other statutory provision. Nothing herein shall prevent any law enforcement agency
from requiring reimbursement by a suspended law enforcement officer of his or her employee
contribution to his or her benefits during his or her time of suspension.
§9209. Applicability of Act
The Act shall apply to all law enforcement disciplinary proceedings throughout the State of
Delaware."
Approved May 13, 1985.
11
CHAPTER 13
FORMERLY
SENATE BILL NO. 139
AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 2
AN ACT TO AMEND CHAPTER 17 OF TITLE 5 OF THE DELAWARE CODE RELATING TO BUILDING
AND LOAN ASSOCIATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Chapter 17, Title 5, Delaware Code by the addition thereto of a new Section 1727
to read as follows:
"Section 1727. Insurance Required.
No building and loan association whose total assets exceed three minion dollars or office of an
association created under the laws of any other state may engage in business within this State unless
its shares, savings accounts, savings certificates and other types of share or deposit accounts
offered are insured pursuant to Title IV of the National Housing Act (12 U.S.C. Section 1724 et. seq.)
and the regulations issued pursuant thereto."
Section 2. Amend Section 1707, Chapter 17. Title 5 of the Delaware Code by the designation of the
current text thereof as paragraph "(a)" and the addition thereto of the following new paragraph:
lb) Except as provided in this section no building and loan association created by or under
the laws of any other state or territory or the District of Columbia may operate any branch
office or place of business in this State except through a wholly owned subsidiary created under
the laws of this State, that operates exclusively within this State, is duly licensed under this
chapter, and conforms to all of the provisions of this chapter.
At the request of any building and loan association created by or under the laws of
another state or territory or the District of Columbia and holding a license to do business in this
State, the Bank Commissioner shall waive for a period of twelve months following the effective
date of this Act, or the issuance of a license granted under this Chapter, whichever is later, the
requirements of subsection (b) hereof with respect to such institution upon his determination
that It will promptly make such applications as the Bank Commissioner deems necessary for all
approvals of governmental departments or agencies necessary to implement the Independent
subsidiary structure contemplated by subsection (b) hereof.
The Bank Commissioner shall waive for an indefinite period the requirement of
subsection (b) hereof upon his finding that a building and loan association created by or under
the laws of another state or territory or the District of Columbia and holding a license to do
business in this State:
(I) has in good faith taken all steps which the Bank Commissioner deems necessary for
It to obtain all approvals of governmental departments or agencies necessary for it to
conduct its Delaware operations through a federally insured subsidiary complying with the
provisions of subsection (b) hereof and any such necessary approval has been denied or,
following a reasonable period not to exceed the 12 month period set forth in subsection (c)
hereof, has not been granted; and
(2) has entered into and is In compliance with an enforceable regulatory agreement
with the State Bank Commissioner containing such terms and conditions relating to the
operation of such institution's Delaware branch or branches as the Commissioner deems
appropriate to assure the safety and soundness of the deposits of such institution including.
In the discretion of the Bank Commissioner, a provision requiring a deposit of U. S.
Treasury or other securities acceptable to the Commissioner to be held under such terms as
are agreed upon to secure such institution's obligations to depositors of such branch or
branches."
Section 3. Amend g1723, Chapter 17, Title S. Delaware Code, by the deletion of the first and fourth
sentences thereof and the substitution therefor of the following first and fourth sentences. respectively:
"Every person, desiring to obtain a license under the provisions of this Chapter, shall file with
the Commissioner, an application in writing in such form as may be prescribed by the Commissioner
which application must, demonstrate public convenience and advantage which will be satisfied by the
approval of such application.
lie shall require the applicant to enter into written agreement with him for a business plan,
describing the management, operations and investments. The business plan shall include financial
12 Chapter 73
projections of the proposed licensee for the first three years of operation and the plan, as a
minimum, shall conform with the requirements of 12 CFR Section 571.6(b) as existing on the
effective date hereof."
Section 4. Effective Date. This Act shall take effect upon the signing by the Governor, except that
any building and loan association having an operating office within this State on the effective date of
this Act shall have an automatic extension of six months from such date to comply with the provisions of
Section I hereto and, provided further that in his discretion the Dank Commissioner may grant an
additional extension of three months to any such association within which it must comply with the
provisions of such section.
Approved May 23, 1985.
CHAPTER 14
FORMERLY
SENATE BILL NO. 178
AN ACT ALLOCATING AUTHORITY TO ISSUE MORTGAGE REVENUE BONDS TO THE DELAWARE
STATE HOUSING AUTHORITY AND VARIOUS POLITICAL SUBDIVISIONS IN THE STATE OF
DELAWARE.
WHEREAS, housing programs supported by the sale of tax exempt single family mortgage revenue
bonds (the "Bonds") have been of great benefit to first time home buyers and members of families of low
and moderate income in the State of Delaware (the "State"); and
WHEREAS, the Mortgage Subsidy Bond Tax Act of 1980 (the "Act") limits the sale of the Bonds
within the State to a maximum amount of $200,000,000 in any calendar year; and
WHEREAS, the Act permits the State to allocate by legislation the authority to issue the Bonds
among various authorized issuers within the State; and
WHEREAS, the absence of such allocation of issuing authority in the past has worked a hardship on
authorized issuers of Bonds and the families that would benefit thereby.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
"SecUon 1. Definitions
'Act' means the Mortgage Subsidy Bond Tax Act of 1980.
'Bonds' means tax exempt single family mortgage revenue bonds.
'Chief Elected Official' means the highest elected official in the State of Delaware or any
political subdivision or agency thereof, including, but not limited to, the Governor, the County
Executive of New Castle County, the President of County Council of Sussex County, the President
of the Levy Court of Kent County, and the Mayor of the City of Wilmington, or their designees.
'Issuer' means the State or any political subdivision or agency thereof which is authorized
by law or Executive Order to issue Bonds, including, but not limited to, the State, the Counties of
New Castle, Kent and Sussex, and the City of Wilmington.
'State' means the State of Delaware.
Section 2. Allocation of Authority
In accordance with the provisions of the Act, the agencies or political subdivisions specified
below are hereby allocated for each calendar year the following issuing authority with respect to
Bonds:
Delaware State Housing Authority - $100,000,000
New Castle County - $50,000,000
Sussex County -- $20,000,000
Kent County - $20,000,000
City orWilmington - $10,000,000
Section 3. Assignment of Allocated Intallif Authority
The allocation of Bond issuing authority may be assigned in whole or in part by any agency or
political subdivision of the State to any other Issuer upon approval, in writing, of the Chief Elected
Official of such agency or political subdivision desiring to assign the allocation.
Section 4. Recapture of Issuing Authority
(a) Statement of Reallocation. Any Issuer desiring to be granted an increase In its allocated
issuing authority shall file with the Secretary of State a Statement of Reallocation on or before
September I of each calendar year. The Statement of Reallocation shall specify the name and
address of the Issuer and the amount of issuing authority desired to be reallocated to it.
13
14 Chapter 14
Statement of Intent to Issue Bonds. Any Issuer intending to issue Bonds after September 1
of each calendar year shall file a Statement of Intent to Issue Bonds with the Secretary of State on
or before September 1 of that particular year. No Bonds shall be issued after September I unless
the Statement of Intent to Issue Bonds is filed. The Statement of Intent to Issue Bonds shall specify
the name and address of the Issuer and the principal amount of Bonds the Issuer intends to Issue
after September 1.
If an Issuer files a Statement of Intent to Issue Bonds and falls to issue a principal amount
of Bonds during the balance of such calendar year equal to at least 90% of the amount specified
therein, such Issuer shall be prohibited from filing a Statement of intent to Issue Bonds the next
calendar year.
in the event that more than one Issuer files a Statement of Reallocation, the Secretary of
State on or before September 15 of such calendar year shall reallocate the remaining issuing
authority on a pro rata basis based upon the respective amount of issuing authority of such issuers as
provided in Section 2, but not in excess of the reallocation requested in the Statement of
Reallocation. Written notice of reallocation of issuing authority shall be sent by the Secretary of
State to all hitters requesting reallocation on or before September 30 each year.
Section 5. Thls bill shall be effective immediately upon signing by the Governor."
Approved May 24. 1985.
CHAPTER 1S
FORMERLY
HOUSE BILL NO. 192
AS AMENDED BY
HOUSE AMENDMENT NOS. 2 AND 3
AN ACT TO AMEND TITLE 28, DELAWARE CODE, RELATING TO SPORTS AND AMUSEMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend S322(c), Title 28, Delaware Code, by striking the number "75" as It appears
therein and by substituting in lieu thereof the number "100."
Section 2. Further Amend §322(c), Title 28, Delaware Code by adding the following sentence:
"Anything In this subsection to the contrary notwithstanding, in calendar year 1985 only, the
Commission shall, upon application to it made on or before July 1, 1985, award additional dates for
racing within the respective counties of this State for 1985."
Section 3. Amend S322(e), Title 28, Delaware Code by adding the following sentence:
"In calendar year 1985, the Commission may meet subsequent to July I, 1985 and award
additional dates for racing within the limits provided in this section on application submitted to it,
provided that the days so awarded in no way conflict with any other provision of this chapter."
Section Z. Amend Chapter 3, Title 28, Delaware Code, by adding a new S342 which shall read as
follows:
"§342. hours during which racing prohibited.
Na racing under this chapter shall be held between the hours of sundown and sunrise."
Approved May 24, 1985.
15
CliAPTER 16
FORMERLY
HOUSE BILL NO, 100
AS AMENDED BY HOUSE AMENDMENT NO. I
AN ACT TO AMEND CHAPTER 385, Volume 63, AND CHAPTER 111, VOLUME 64 OF THE LAWS OF
DELAWARE RELATING TO THE DEFINITION OF BEVERAGE CONTAINERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Chapter 385, Volume 63, Laws of Delaware, as amended by Chapter 111, Volume
64, Laws of Delaware by striking Section 2 as amended in its entirety and substituting in lieu thereof the
following:
"Section 2. The provisions of Section I above shall terminate on January I, 1992."
Approved June 6, 1985.
CHAPTER 17
FORMERLY
SENATE BILL NO. 183
AS AMENDED BY SENATE AMENDMENT NO, 4
AN ACT TO AMEND CHAPTER I, TITLE 26 OF THE DELAWARE CODE, AND TO AMEND CHAPTER
55, TITLE 30 OF THE DELAWARE CODE, RELATING TO CORPORATIONS IN REORGANIZATION
UNDER CHAPTER II OF THE UNITED STATES BANKRUPTCY CODE AND THEIR ELIGIBILITY
FOR EXEMPTION FROM THE PUBLIC UTILITY TAX AND FOR ECONOMIC DEVELOPMENT
GRANTS PROVIDED BY PUBLIC UTILITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Section 303, Title 26 of the Delaware Code by adding to Section 303 a new
subsection "(c)" to read as follows:
"(c) Notwithstanding any other provision of this Chapter, any corporation that is exempt from
taxation under Section 5506 (f) of Chapter 55, Title 30 of the Delaware Code may petition the
Public Service Commission for an economic development credit of up to five percent of its electric
and/or gas utility bills to be in effect for the same period specified in that Section. The Public
Service Commission may grant such peitition if it deems such action to be in the public interest. If
such petition is granted, then the Public Service Commission shall permit the affected utility to
collect the amount of the economic development expense in a manner deemed appropriate by the
Commission."
Section 2. Amend Section 5506 of the Delaware Code by adding to Section 5506 a new subsection
In- to read as follows:
"(f) The tax imposed by Section 5502(b) of this Chapter shall not apply for thirty six
consecutive months to gas or electricity furnished to a corporation which, at any time after
December 31, 1984, was a debtor In possession in a reorganization proceeding under Chapter Ii of the
United States Bankruptcy Code and which in good faith files a plan of reorganization with the
United States Bankruptcy Court. The thirty six month exemption period shall commence on the
first day of the calendar month following the filing of the debtor corporation's plan of
reorganization. During the thirty six month exemption period no distributor of gas or electricity
shall be assessed any tax imposed by this Chapter upon the distribution of such gas or electricity to
a corporation which qualifies for such exemption under this subsection, nor shall any distributor of
gas or electricity pass on any tax imposed by this Chapter to any such corporation. The Division of
Revenue shall promulgate appropriate rules and regulations to Implement this subsection."
Approved June 15, 1985.
16
CHAPTER 18
FORMERLY
SENATE BILL NO. 77
AN ACT TO AMEND CHAPTER 183, VOLUME 22, LAWS OF DELAWARE, ENTITLED "AN ACT TO
INCORPORATE THE TOWN OF GREENWOOD," AS AMENDED BY CHAPTER 167, VOLUME 43,
LAWS OF DELAWARE, TO AUTHORIZE THE ISSUING OF BONDS TO FINANCE THE
CONSTRUCTION AND IMPROVEMENT OF ITS DISPOSAL SYSTEM, INCLUDING A SEWAGE
TREATMENT PLANT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all
members elected to each House thereof concurring therein):
Section 1. Amend Chapter 167, Volume 43, Laws of Delaware by striking said Chapter in its
entirety.
Section 2. Amend Chapter 183, Volume 22, Laws of Delaware by adding thereto a new Section to be
designated as Section 28 to read as follows:
"Section 28.
The Town Council of the Town of Greenwood is hereby authorized and empowered to borrow
money and issue bonds or certificates of indebtedness to secure the repayment thereof on the full
faith and credit of the Town of Greenwood or such other security or securities as the Town Council
shall elect for the payment of principal thereof and the interest due thereon.
All bonds or other kinds or forms of certificate or certificates of indebtedness issued by the
Town Council pursuant to provisions of this Chapter shall be exempt from all State, County or
Municipal Taxes.
The power or authority to borrow money may abe exercised by the Town Cott:tell to provide
funds for, or to provide for the payment of, the construction, installation, repair, replacement,
maintenance, improvement, extension or enlargement of a sewage disposal system, including a
sewage treatment plant; provided however, that the bottowing of the money therefor shall have
been authorized by the Town Council and shall have been approved by the qualified voters in the
following manner.
The Town Council shall propose to the property owners and residents of the Town of
Greenwood by resolution which shall state the amount a money to be borrowed for any of the
purposes authorized by this Section. The resolution shall also state the purpose for which the money
is desired to be borrowed, the manner of securing the loan and other facts relating to the loan which
are deemed pertinent by the Town Council and in their possession at the time of the passage of the
resolution and shall fix a time and place for holding a public hearing on the said resolution.
Notice of the time and place of the public hearing on the resolution proposing the said loan
shall be printed in a newspaper having a general circulation in the Town of Greenwood at least one
(I) week prior to the time and date set for the said public hearing.
(t) After the public hearing but in no event later than fifteen (15) days following the public
hearing, a second resolution may then be pasted by the Town Council ordering a special election to
be held not less than thirty (30) days nor later than sixty (60) days after the said public hearing to
borrow the said money for the purpose of voting for or against the proposed loan. The passing of the
second resolution calling a special election shall ipso facto be considered the determination of the
Town Council to proceed the matter at issue.
Notice of the time and place of holding the said special election shall be printed in two (2)
issues of a newspaper having a general circulation in the Town of Greenwood within thirty (30) days
prior to the special election, or distributed in circular form at least fifteen (15) days prior to the
date of the said special election, or both, at the discretion of the Town Council.
At the special election, every owner of the property, whether an individual, partnership or
corporation, shall have one (1) vote and the said vote may be cast either in person or by proxy. In
addition, every person who is a bona fide resident of the Town of Greenwood but who is not a
property owner and who would be entitled at the time of the holding of the special election to
register and vote in the Annual Municipal Election if such Annual Municipal Election were to be held
on the day of the special election shall have one (1) vote whether or not such person be registered to
vote in the Annual Municipal Election, and the said vote may be cast either in person or by proxy.
(I) The Town Council shall cause to be prepared, printed and have available for distribution a
sufficient number of sample ballots marked or defaced in such a manner that they cannot be used in
Chapter 18 17
the special election not less than five (5) days prior to the date of the special election. Paper
ballots or voting machines, at the discretion of the Town Council, may be used in the special
election.
The Mayor of the Town of Greenwood shall, prior to the date of the special election, appoint
and designate a Presiding Officer and sufficient judges to act as a Board of Special Election. The
members of the Board of Special Election shall be the judges of the special election and shall decide
upon the legality of the votes offered and shall keep a list of all voters thereof. The Board of
Special Election shall count the votes for and against the proposed loan and shall announce the result
thereof. The Board of Special Election shell make a certificate unto their hands of the number of
votes cast for and against the proposed loan and shall deliver the same to the Mayor and Town
Council which said certificate shall be entered upon the minutes of the Town Council and the
original shall be filed with the papers of the Town Council.
The form of bond, the interest rate, the time or times of payment of interest, the classes,
the time or times of maturity, and provisions as to registration shall be determined by the Town
Council after the said special election. The bonds may be sold at either public or private sale, as
determined by the Town Council. The Town Council shall provide in the annual budget and in the
fixing of any tax, surcharge or tax, for the payment of interest on and principal of said bonds at the
maturity or maturities thereof and a sinking fund therefor without limitation as to any amount to be
raised by taxation.
The full faith and credit of the Town of Greenwood shall be deemed to be pledged for the
prompt payment of the bonds and the interest thereon issued pursuant to the provisions of this Act
when the same had been properly executed and delivered for value.
(I) The amount to be borrowed from time to time for any purpose authorized by this Act may
decrease or increase from time to time but the principal sum outstanding at any time shall not
exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).
The Town of Greenwood is her.. ,y authorized and empowered to do all things necessary for
the location, erection, construction, replacement, repair, equipping and operating of the said sewer
system and sewage treatment plant and to provide for the care and maintenance of the same and to
Purchase all instruments, appliances, equipment and supplies as may be necessary for the
establishing and operating the said sewer system and the sewage treatment plant In said town and
for furnishing the citizens and inhabitants thereof with proper and adequate sewage facilities and to
effect the same the Town of Greenwood shall have the power and authority to lay pipes and conduits
under and along any of the streets, lanes, alleys or highways of said town, or any road adjacent
thereto, and also to contract and agree with the owner or owners for the occupation or purchase of
any lands or lands or any interest therein which may be necessary for the purpose of carrying into
effect the provisions of this Act. In the event, however, that the owner or owners of property shall
fail to agree with the town, the Town of Greenwood shall have full power of eminent domain over
any lands or property rights required for any purpose connected with the installation, operation,
extension, replacement, improvement or enlargement of the said sewer system and shall be able to
condemn property rights for the use of the said sewer system in the same manner and to the same
extent as established by Chapter 61, Title 10, Delaware Code. The Town of Greenwood shall have
authority to require any premises to be connected to the sewer system. In the event that any owner
should neglect to connect his property immediately after being ordered to do so by the Town of
Greenwood, the Town Council shall have the authority to connect the premises with the sewer
system as ordered and to collect the cost of such connection by the same process as Town taxes are
collectible. The Town of Greenwood shall have supervision and control of all public pipes, sewers
and drains connected with the said sewer system and sewage treatment plant whether within or
without the corporate limits of the Town of Greenwood and may own or remove the same and may
cause new pipes, drains and sewers to be made and opened. The Town Council may cause such pipes,
sewers and drains to be laid in any of the said streets, lanes, alleys or highways of the said town in
such manner and of such material as it, the said Town Council, may deem proper. The Town Council
is hereby authorized to make rules and regulations regulating the tapping or use of public sewers by
the owners of abutting property and shall provide for the granting of permits for the same and for
the payment of such tapping fees and sewer rental as the Town Council may deem proper. The Town
Council shall prescribe the material of all private drains or sewers which shall enter into any public
sewer and shall direct the manner in which they shall be laid. The Town Council may contract for
and purchase sewer disposal service within or without the corporate limits of the town at such rate
or rates as may be established by the Town Council.
The Town of Greenwood is hereby authorized and empowered to engage the services of such
agents and servants as it may deem necessary in the erection, completion, extension, improvement,
replacement, repair, equipping or operating of the said sewer system and sewage treatment plant as
herein provided.
The Town Council Is hereby authorized and empowered to adopt such ordinances as it may
deem necessary for the operation, management and control of the said sewer system and sewage
treatment plant and may grant all persons and corporations in the Town of Greenwood the privilege
18 Chaptnr 18
of using said sewer system in such manner and upon such terms and conditions as may seem Just and
proper to the said Town Council. The Town Council is further empowered to provide sewer service
outside the corporate limits of the town with the same powers as though such service had been
initially provided by the facilities within the corporate limits at such rate or rates as may be from
time to time established by the Town Council."
Section 3. Any Act inconsistent with the provisions hereof be and the same is hereby repealed to
the extent of such inconsistency.
Approved June 19, 1985
CHAPTER 19
FORMERLY
SENATE BILL NO. 84
AN ACT TO AMEND TITLE 9, CHAPTER 68, 86812 OF THE DELAWARE CODE RELATING TO PUBLIC
HEARINGS AND NOTICE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Title 9, Chapter 68, 56812 is hereby amended by striking said section in iu entirety and
Inserting in lieu thereof the following:
"56812. Public Hearing and Notice
(a) Any public hearing required by this chapter shall be held within the county and notice
of the time and place thereof shall be published in two (2) newspapers of general circulation in
the county. Notice shall be published at least fifteen (15) days before the date of the hearing.
In addition, notice of the hearing shall be posted on the property itself. The notice shall state
the place at which the text and maps relating to the proposed change may be examined.
(b) Public notice of any formal action taken in regard to public hearings as required by this
chapter shall be published once in a newspaper of general circulation in the county within fifteen
(15)days of such action."
Approved June 19, 1985.
19
CHAPTER 20
FORMERLY
SENATE BILL NO. 94
AN ACT TO AMEND CHAPTER 215, VOLUME 64, LAWS OF DELAWARE, BEING "AN ACT TO
RE-INCORPORATE THE CITY OF HARRINGTON' RELATING TO ELECTIONS, ALDERMAN AND
POLICE POWERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each House thereof concurring therein):
Section 1. Amend Section 6, Chapter 215, Volume 64, Laws of Delaware in the third line of the
second paragraph by striking the word "printed" and inserting in lieu thereof the word "placed".
Section 2. Amend Section 7(b), Chapter 215, Volume 64, Laws of Delaware in the second line by
striking the word "Alderman" and inserting in lieu thereof the words "a resident of the City".
Section 3. Amend Section 19, Chapter 215, Volume 64, Laws of Delaware In the first line by striking
the word "shall" and Inserting in lieu thereof the word "may".
Section 4. Amend Section 23(a), Chapter 215, Volume 64, Laws of Delaware in the second line after
the words "City limits" by inserting the words "and within one mile outsIde of said limits".
Approved June 19, 1985.
CHAPTER 21
FORMERLY
SENATE BILL NO. 102
AN ACT TO AMEND CHAPTER 42, VOLUME 53, LAWS OF DELAWARE, AS AMENDED, ENTITLED
"AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF
SEAFORD." RELATING TO THE AMOUNT OF TAXES TO BE RAISED IN ANY ONE YEAR.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of aft
members elected to each Howe thereof concurring therein):
Section 1. Amend Subsection A. Section 27, Chapter 42, Volume 53, Laws of Delaware, as amended
by striking the figure "$500,000", as it appears therein and substituting in lieu thereof the figure
"$2,000,000."
Approved June 19, 1985.
CHAPTER 22
FORMERLY
SENATE BILL NO. 115
AN ACT TO AMEND AN ACT BEING CHAPTER 170, VOLUME 57. LAWS OF DELAWARE, ENTITLED
"AN ACT TO REINCORPORATE THE CITY OF LEWES", AS AMENDED BY CHAPTER 110,
VOLUME 63, LAWS OF DELAWARE, TO INCREASE THE AMOUNT WHICH MAY BE RAISED BY
TAXATION FROM REAL ESTATE.
BR IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all
members elected to each House thereof concurring therein):
Section 1. Amend Subsection 30, Section 29, Chapter 170, Volume 57, Laws of Delaware, as
amended by Chapter 110, Volume 63, Laws of Delaware by striking the words and figures "three hundred
thousand dollars ($300,000.00)" and substituting in lieu thereof the words and figures "seven hundred fifty
thousand dollars ($750,000.00)."
Approved June 19, 1985.
20
CHAPTER 23
FORMERLY
SENATE BILL NO. 141
AN ACT TO AMEND CHAPTER 237, VOLUME Si, LAWS OF DELAWARE, AS AMENDED, ENTITLED
"AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE, BY INCREASING THE POWER TO
RAISE REVENUE".
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each House thereof concurring therein):
Section I. Section 27, Chapter 237, Volume 51, of the Laws of Delaware. as amended, is amended
by striking the figures "S60,000.00" as the same appears in the first sentence of the said section and
substituting the figure 1100,000.00".
Approved June 19. 1985.
CHAPTER 24
FORMERLY
SENATE BILL NO. 142
AN ACT TO AMEND CHAPTER 237, VOLUME Si, LAWS OF DELAWARE, AS AMENDED, ENTITLED
"AN ACT TO REINCORPORATE THE TOWN OF BRIDGEVILLE" RELATING TO THE
QUALIFICATION OF VOTERS IN A BOND REFERENDUM AND AUTHORIZING BORROWING IN
ANTICIPATION OF ISSUANCE OF BONDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each House thereof concurring therein):
Section 1. Section 29, Chapter 237, Volume SI, of the Laws of Delaware, as amended, is amended
by striking from the third paragraph, subparagraph 5., the second and third sentences thereof and
substituting in lieu thereof the following:
"At said referendum, every citizen of the said Town who shall have attained the age of eighteen
(18) years shall have one (1) vote, and in addition, every individual, partnership or corporation
owning property within the corporate limits of the Town of Bridgeville shall also have One (I) vote
and the said vote of an individual, partnership or corporation may be cast either in person or by
proxy."
Section 2. Section 29, Chapter 237, Volume 51, of the Laws of Delaware, as amended, is amended
by adding thereto subparagraph 8. as follows:
"8. If the Election Board shall deliver to the Commissioners a certificate that a majority of
those voting at such referendum shall have voted for such bond issue, then in anticipation of
Issuance of said bond, the council may. by resolution, borrow such money in such amounts and upon
such terms and conditions as it may find necessary and authorize the issuance of negotiable notes
therefore."
Approved June 19, 1985.
21
CHAPTER 25
FORMERLY
HOUSE BILL NO. 198
AN ACT TO ENLARGE THE DELAWARE HERITAGE COMMISSION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Y3201 (a), Chapter 32, Title 29, Delaware Code by striking the numeral "9" as it
therein appears and substituting in lieu thereof the numeral "15".
Approved June 19, 1985.
CHARTER 26
FORMERLY
SENATE BILL NO. 3
AN ACT TO AMEND VOLUME 63, CHAPTER 179, LAWS OF DELAWARE, BY AMENDING THE FISCAL
YEAR 1982 CAPITAL IMPROVEMENT PROJECTS SCHEDULE TO USE $49000 FROM THE
REHOBOTH - GROIN REPAIRS PROJECT FOR THE OUTPALL FOR LAKE GERAR.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fourths of
all members elected to each branch thereof concurring therein):
Section 1. AMEND the "FISCAL YEAR 1982 CAPITAL IMPROVEMENT PROJECTS SCHEDULE"
attached to Chapter 179, Volume 63, Laws of Delaware, by striking the figure "75,000" wherever the
same appears under "DEPT. OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL" in the line
Item "Rehoboth. Groin Repairs, P.E. & Construction 75,000' -0- -0- -0- -0- 75,000" and substiuding
the figure "26,000" In lieu thereof.
Section 2. AMEND the "FISCAL YEAR 1982 CAPITAL IMPROVEMENT PROJECTS SCHEDULE"
attached to Chapter 179, Volume 63, Laws of Delaware by adding a new line item under the caption
"DEPT. OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL" to read as follows:
"Outran for Lake Gerar, P.E. and Construction 49,000* -0- -0- -0- 49,000."
Approved June 26, 198$.
2 2
CHAPTER 27
FORMERLY
SENATE BILL NO. 42
AS AMENDED BY SENATE AMENDMENT NOS. 3, 4 AND 5
AN ACT TO AMEND CHAPTERS 21 AND 27 OF TITLE 21 OF THE DELAWARE CODE RELATING TO
THE ESTABLISHMENT OF A MOTORCYCLE RIDER EDUCATION PROGRAM AND PROVIDING A
SELF FUNDING PROGRAM THEREFOR.
WHEREAS, Delaware in recent years has experienced continued increase in the use of motorcycles
by young and sometimes untrained operators; and
WHEREAS, research indicates that most accidents involving motorcycles occur during the first year
an operator is licensed; and
WHEREAS, there is a definite need for motorcycle safety instruction to promote highway
awareness, recognition of the highway rights of others, and a thorough knowledge of the dangers and
limitations involved in operating a motorcycle.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fifths of
all the members elected to each House thereof concurring therein):
Section 1. Amend Chapter 27, Title 21 of the Delaware Code by adding thereto the following new
sections to read as follows:
12726. Motorcycle rider education prop:nun
Beginning July 1, 1985, the Department of Public Safety shall implement a Motorcycle
Rider Education Program meeting the requirements of these sections and any rules or regulations
promulgated by the Department.
Adequate courses shall be provided to meet the reasonably anticipated needs of all persons
In the State who are eligible and who desire to participate In such a program.
Courses shall be open to all residents of the State who either hold a current valid driver's
license or who are eligible for a motorcycle learner's permit. The course shall be open to all persons
in the military service stationed in Delaware and their families.
State assisted or private instructional services may offer courses In motorcycle rider
education; provided, however, such course offerings meet the requirements of these sections. Such
course offerings by State assisted or private instructional services may be reimbursed under the
provisions of these sections. The Secretary may also enter into contracts for needed services
related to the courses.
The Department of Public Safety shall adopt the Motorcycle Safety Foundation Motorcycle
Rider Course curricula or establish other equivalent minimum course requirements, designed to
develop and instill the knowledge, attitudes, habits and skills necessary for the safe operation of a
motorcycle.
The Department shall adopt rules and regulations which are necessary to carry out the
provisions of the Motorcycle Rider Education Program.
For any person who successfully completes the Motorcycle Rider Education Program the
Department's motorcycle written examination and road test shall be waived.
The total budget for the Motorcycle Rider Education Program shall be based on the revenue
available or estimated to be available in the special account established for the Motorcycle Rider
Education Program.
S2727. Requirements for Instructors
The Department shall establish minimum requirements for the qualification for a motorcycle
rider education instructor. The minimum requirements shall include, but not be limited to, the
following:
(I) The instructor shall have a high school diploma or its equivalent.
(2) The instructor must be at least 18 years of age and must hold a valid driver's license and a
Chapter 27 23
valid motorcycle endorsement.
The instructor must hold a valid motorcycle endorsement and must have had at least two (2)
years of motorcycle riding experience.
The instructor's driver's license shall not have been suspended or revoked any time during
the immediate preceding two (2) years.
The instructor shall have no convictions for driving under the influence of alcohol or drugs
during the immediate preceding five (5) years nor shall he have been subject to 541778 of this Title
during the immediate preceding five (5) years.
The instructor shall not have any convictions for moving traffic violations with a total of 4
points during the Immediate preceding two (2) years.
Instructors who are licensed in other states must furnish certified copies of their driving
records to the Division of Motor Vehicles. An applicant shall not be eligible for instructor status
until his driving record for the immediate preceding five (5) years is furnished.
The instructor must have a motorcycle Safety Foundation certification as an instructor."
Section 2. Amend 52703(b), Chapter 27, Title 21 of the Delaware Code by striking said subsection
(h) in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The initial fee for the authorization or endorsement as specified in subsection (a) of this
section shall be $5. For each subsequent renewal of an authorization or endorsement the fee shall
be $5.
(c) Of each of the initial fees for authorization or endorsement collected pursuant to
subsection (b) of this section the sum of $2 is appropriated to the Department of Public Safety and
shall be placed in a special account to be used only for expenses incurred in the administration of
the Motorcycle Rider Education Program. For each fee collected for subsequent renewals pursuant
to subsection (b) of this section, the total of such renewal fee shall also be appropriated to the
Department of Public Safety to be placed in said special account."
Section 3. Amend 52151(1), Chapter 21, Title 21 of the Delaware Code by striking the numeral "6"
as It appears therein and substituting in lieu thereof the numeral "10".
Section 4. Amend 52151, Chapter 21 of the Delaware Code by adding thereto a new paragraph (7) to
read as follows:
"(7) Of each of the motorcycle registration fees collected pursuant to subsection (1) of this
section the sum of $4 is appropriated to the Department of Public Safety and shall be placed in a
special account to be used only for the expenses incurred in the administration of the Motorcycle
Rider Education Program and improved motorcycle licensing procedures."
Section 5. (a) To become eligible for reimbursement under this act the state assisted or private
instructional service shall apply to the Department for approval of its courses in motorcycle rider
education prior to the start of the period for which the reimbursement is sought.
The Department will approve courses which meet the requirements of this Act.
Starting July 1, 1986, and on July 1 of each year thereafter, the balance of the special
account for the Motorcycle Rider Education Program, after the administrative expenses have been
deducted, shall be apportioned to teaching an approved motorcycle rider education course. Such
apportionment shall be made on the basis of application and certification by the State assisted or
private instructional service.
The State assisted or private instructional service with the approval of the Department,
may charge each student a tuition fee to be set by the state assisted or private instructional service.
Approved June 27, 1985.
24
CHAPTER 28
FORMERLY
SENATE BILL NO. 152
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36,
LAWS OF DELAWARE, AS AMENDED, RELATING TO CHANGING COMPENSATION FOR THE
MAYOR AND MEMBERS OF COUNCIL FROM SALARY TO REIMBURSEMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of
all members elected to each House thereof concurring therein):
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking Section 12 in its
entirety and Inserting a new Section 12 to read as follows:
"REIMBURSEMENT OF MAYOR AND COUNCIL AND ELECTION BOARD;
REIMBURSEMENT OF EXPENSES.
The Mayor and each member of Council shall be reimbursed for expenses the sum of Ten Dollars
($10.00) for each regular or special meeting of the City Council which he or she attends. Any
member of the City Council sitting to hear appeals from the municipal assessment shall be
reimbursed for expenses the sum of Ten Dollars ($10.00) and each member of the Election Board
shall be reimbursed for expenses in such amount as the Council shall determine. The Mayor and
members of the City Council shall be reimbursed for an other expenses incurred in the execution of
their officials duties."
Approved June 26, 1985.
CHAPTER 29
FORMERLY
HOUSE BILL NO. 81
AN ACT TO AMEND CHAPTER 23, TITLE 30, DELAWARE CODE RELATING TO OCCUPATIONS
REQUIRING LICENSES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend $2301(25), Chapter 23, Title 30, Delaware Code by striking the word "Drayman"
wherever it appears in 52301(25) and substituting in lieu thereof the word "Drayperson".
Section 2. Amend $2301(30), Chapter 23, Title 30, Delaware Code by striking the word "repairman"
wherever it appears in $2301(3) and substituting in lieu thereof the word "repairperson".
Section 3. Amend $2301(44), Chapter 23, Title 30, Delaware Code by striking the word "serviceman"
wherever it appears In 52301(44) and substituting in lieu thereof the word "serviceperson".
Section 4. Amend 52301(65), Chapter 23, Title 30, Delaware Code by striking the word "salesman"
wherever it appears in 32301(65) and substituting in lieu thereof the word "salesperson".
Section 5. Amend $2301(71), Chapter 23, Title 30, Delaware Code by striking the word "Showman"
wherever it appears in 92301(70) and substituting in lieu thereof the word "Showperson".
Section 6. Amend 52301(85), Chapter 23, Title 30, Delaware Code by striking the word
"Warehouseman" wherever it appears in $2301(84) and substituting in lieu thereof the word
"Warehousepersoe"
Approved June 26, 1985.
25
CHAPTER 30
FORMERLY
HOUSE BILL NO. 105
AN ACT TO AMEND CHAPTERS 95 AND 96, TITLE 10 OF THE DELAWARE CODE
RELATING TO THE JURISDICTIONAL AMOUNT OF JUSTICE OF THE PEACE COURT CIVIL
ACTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 9536, Chapter 95, Title 10 of the Delaware Code by striking the figure
"81,500" where found in said Section and substituting, in lieu thereof, the figure "$2,500".
Section 2. Amend Section 9573, Chapter 95, Title 10 of the Delaware Code by striking the figure
"$1,500" where found In said Section and substituting, in lieu thereof, the figure "$2,500".
Section 3. Amend Section 9583, Chapter 95, Title 10 of the Delaware Code by striking the figure
"$1,500" where found in said Section and substituting, in lieu thereof, the figure "$2,500".
Section 4. Amend Section 9615, Chapter 96, Title 10 of the Delaware Code by striking the figure
"81,500" where found in said Section and substituting, in lieu thereof, the figure "82,500".
Approved June 26, 1985.
CHAPTER 31
FORMERLY
HOUSE BILL NO. 127
AN ACT TO AMEND SUBCHAPTER III, CHAPTER 96, TITLE 10 OF THE DELAWARE CODE TO ALLOW
SERVICE OF A SUMMONS WITH ACCOMPANYING PAPERS IN A JUSTICE OF THE PEACE
COURT TRESPASS ACTION TO INCLUDE SERVICE BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subsection (a) of Section 9611, Chapter 96, Title 10 of the Delaware Code by
adding an additional sentence to the end of said subsection to read as follows:
"Service of a summons in an action under this subchapter shall be the same as with service of a
summons in an action under subchapter U of chapter 95 of title 10 of the Delaware Code."
Approved June 26, 1985.
26
CHAPTER 32
FORMERLY
HOUSE BILL NO. 149
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 25, SECTION 2118 OF THE DELAWARE CODE RELATING TO
MORTGAGES SECURING OPTIONAL FUTURE ADVANCES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 21, Title 25, §2118 of the Delaware Code by deletion of the phrase" as
are made within 5 years from the date thereof," from the first sentence of subsection (a).
Section 2. Amend §2118(b), Chapter 21, Title 25 of the Delaware Code by striking subsection (b) in
its entirety and by redesignating subsections (c) (d) as subsections (b) and (c) respectively.
Approved June 26, 1985.
CHAPTER 33
FORMERLY
HOUSE BILL NO. 236
AN ACT TO AMEND CHAPTER 197, VOLUME 54. LAWS OF DELAWARE, AS AMENDED, RELATING
TO THE CITY OF REHOBOTH BEACH; AND PERMITTING CONTRIBUTIONS FROM THE
COMMISSIONERS TO VOLUNTEER COMPANIES AND ASSOCIATIONS.
BE rr ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all
members elected to each House thereof concurring therein):
Section I. Amend Subsection a., Section 29, Chapter 197, Volume 54, Laws of Delaware, u
amended, by striking paragraph 28., and substituting in lieu thereof the following:
"28. To provide for the organization of a fire department and the control and government
thereof; to establish fire limits and do all things necessary for the prevention or extinguishment of
fires; and, in their discretion, to contribute, donate or give such amounts of money as they may
deem appropriate unto any Volunteer Fire Company or Companies incorporated under the laws of
Delaware, or any Volunteer Fire Association or Associations maintaining and operating fire fighting
equipment and service to the City; provided that any such contribution, donation or gift may be
made subject to such conditions and stipulations as to the use thereof as The Conunissioners shall
deem advisable."
Approved June 26, 1985.
CHAPTER 34
FORMERLY
HOUSE BILL NO. 237
AN ACT TO AMEND CHAPTER 197, VOLUME 54, LAWS OF DELAWARE, AS AMENDED, RELATING
TO THE CITY OF REHOBOTH BEACH; AND PROVIDING THE COMMISSIONERS WITH TRE
DISCRETIONARY POWER TO SUBJECT ORDINANCES TO A REFERENDUM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all
members elected to each House thereof concurring therein):
Section I. Amend Section 41A, Chapter 197, Volume 54, Laws of Delaware, as amended, by adding
thereto a new subsection, designated as Subsection q., which new subsection shall read as follows:
"q. The Commissioners of Rehoboth Beach may. in their sole discretion, elect to adopt an
ordinance subject to a referendum. In such event the Commissioners of Rehoboth Beach shall, at
the same time such ordinance is adopted, pass a resolution subjecting such ordinance to a
referendum. Upon the passage of a resolution subjecting the ordinance to a referendum, such
ordinance shall be suspended from taking effect until 30 days after it is approved at a referendum.
The referendum shall be held on the date of the annual municipal election, and shall be considered a
part of that election. The referendum shall be held and conducted and the results accepted
according to the provisions of Section 41A, Subsections k., I., m., n., o. and p. of the Charter of the
City of Rehoboth Beach, Delaware. If a majority of the residents and property owners voting on the
referred ordinance vote against such ordinance, it shall be considered repealed upon the
certification by the Board of election. No ordinance which has been repealed as the result of a
referendum shall be passed again in the same form by the Commissioners of Rehoboth Beach within
a period a period of six (6) months from the date of the referendum.
Nothing contained herein shall operate so as to require the Commissioners of Rehoboth Beach
to exercise their discretion to submit any ordinance to a referendum; and nothing contained herein
shall operate to restrict the right of the residents and property owners of the City of Rehoboth
Beach to initiate a referendum pursuant to Section 41A, Subsections a. through j. However, the
decision of the Commissioners to submit an ordinance to a referendum shall, in the case of such
ordinance, constitute the only referendum to which such ordinance shall be subjected; and there
shall be no right to subject such ordinance to an additional or second referendum pursuant to 41A,
Subsections a. through j."
Approved June 26, 1985.
CHAPTER 35
FORMERLY
SENATE BILL NO. 19
AN ACT TO AMEND CHAPTER 49, PART III. TITLE 10 OF THE DELAWARE CODE RELATING TO
COURTS AND JUDICIAL PROCEDURES; AND PROVIDING FOR CERTAIN EXEMPTIONS FROM
EXECUTION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 54903, Chapter 49, Part ill. Title 10 of the Delaware Code by striking the first
Iwo sentences of said section, and substituting in lieu thereof the following:
"Every person residing in this State, and being the head of a family, shall have exempt from
execution or attachment process, in addition to the exemptions in 54902 of this Title, other personal
property not exceeding five hundred dollars ($500.00), the articles to be selected by the debtor."
Section 2. Amend 54903, Chapter 49, Part III. Title 10 of the Delaware Code by striking the last
paragraph of said section.
Approved June 28, 1985.
27
28
CHAPTER 36
FORMERLY
SENATE BILL NO. 20
AN ACT AMENDING CHAPTER 52, TITLE 30 OF THE DELAWARE CODE BY INCREASING THE
VICTIMS COMPENSATION TAX ASSESSMENT FOR VIOLATIONS OF THE MOTOR CARRIER
VEHICLE MARKER REGULATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 52, Title 30 of the Delaware Code by striking paragraph (d) of Section
5211 in its entirety and substituting in lieu thereof the following:
"(d) In addition to, and at the same time as, any fine is assessed under this chapter, there shall
also be levied an additional victims compensation tax surcharge in the amount of 15% of the fine
Imposed. This surcharge shall be payable in the same manner as set forth in subsection (c) of this
section."
Approved June 28, 1985.
CHAPTER 37
FORMERLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 185
AN ACT TO AMEND CHAPTER 31, TITLE 21 OF THE DELAWARE CODE RELATING TO
NONDRIVER IDENTIFICATION CARDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fifths of
all the members of each House concurring therein):
Section 1. Amend §3101, Chapter 31, Title 21 of the Delaware Code by striking the phrase "over the
age of 18 years" as it appears therein.
Section 2. Amend §3103 (a), Chapter 31, Title 21 of the Delaware Code by striking the words "of
$3" before the word "the" and after the word "fee" as they appear therein and substituting in lieu thereof
the words "of $5".
Section 3. Amend §3103 (c), Chapter 31, Title 21 of the Delaware Code by striking subsection (c) in
its entirety and substituting in lieu thereof the following:
"(c) No identification card shall be issued pursuant to subsection (a) of this Section to any
nonresident of the State."
Approved July I. 1985.
29
CHAPTER 38
FORMERLY
HOUSE BILL NO. 34
AN ACT TO AMEND CHAPTER 1, SUBCHAPTER IL OF TITLE 17 OF THE DELAWARE CODE
RELATING TO NOTARIES PUBLIC.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 17, Chapter 1, Section 113 by adding an additional sentence at the end of
the paragraph to read:
"The Governor may appoint additional employees of the Department as notaries public as may
be deemed necessary, to which the requirements of this section shall apply."
Approved June 28, 1985.
CHAPTER 39
FORMERLY
SENATE BILL NO. 7
AN ACT TO AMEND CHAPTER 111, TITLE 29, DELAWARE CODE, RELATING TO THE DELMARVA
ADVISORY COUNCIL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend $11102, Title 29, Delaware Code, by striking subsection "(b)" thereof and by
inserting in lieu thereof the following:
"(b) The membership of the Council shall consist of:
15 members, 5 approved by the Governor of Maryland, 5 by the Governor of Delaware,
and 5 by the Governor of Virginia;
With the approval of the three Governors, such other members from county and
municipal governments and the private sector as may be established from time to time in the
by-laws of the Council."
Section 2. Amend 511102(d), Title 29, Delaware Code, by striking the word "shall" as it appears
Immediately after the word "each" and by substituting the word "may" in lieu thereof.
Section 3. Amend 911104(d), Title 29, Delaware Code, by inserting the words "of the cognizant state
agencies" between the word "Secretaries" and the comma "," which follows it.
Section 4. Amend 111104(e) Title 29, Delaware Code, by striking the semi-colon ":" u it appears
after the word "Governors" and by inserting In lieu thereof the following:
"or the Secretaries of the cognizant state agencies:"
Section 5. Amend S11105, Title 29, Delaware Code, by striking subsections (b) and (c) thereof and
substituting in lieu thereof the following:
"(b) The Council, subject to the approval of the States, shall employ such professional and
clerical personnel and consultants as are necessary to perform the duties assigned by this chapter.
(c) Notwithstanding any other provision of law, the Delmarva Advisory Council shall receive
annual funding by appropriation in the Delaware State budget. The Delaware Development Office
shall include a budget request for the Delmarva Advisory Council with its annual budget request. In
addition, receipt of any funds from Delaware is contingent upon the annual receipt of funds from the
States of Maryland and Virginia."
Approved June 28, 1985.
41
36
CHAPTER 40
FORMERLY
SENATE BILL NO. 22
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 95, PART VII, TITLE 10 OF THE DELAWARE CODE RELATING TO
COURTS AND JUDICIAL PROCEDURE; AND PROVIDING FOR THE USE OF CASH AS SECURITY
ON APPEAL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend $9571, Chapter 95, Part VII, Title 10 of the Delaware Code by adding thereto the
following new subsections:
"(e) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash
deposit is made in lieu of a bond on appeal, the cash deposit shall be retained until the final
determination of the cause, and shall be subject to the lien of the judgment appealed from and costs,
interest thereon, and the costs of the appeal."
Section 2. Amend $9572, Chapter 95, Part VU, Title 10 of the Delaware Code by striking the title of
said section, and substituting in lieu thereof the following:
"$9572. Bond With Surety; Form"
Section 3. Amend $9572, Chapter 95, Part VII, Title 10 of the Delaware Code by striking the ninth
word ("appeal") of subsection (a), and substituting the words "appeal with surety bond" in lieu thereof.
Section 4. Amend $9572, Chapter 95, Part VII, Title 10 of the Delaware Code by striking the words
"The entry" as the same appear In subsection (b), and substituting the words "Where a bond with surety is
used as security on the appeal, the entry" in lieu thereof.
Approved June 28, 1985.
CHAPTER 41
FORMERLY
SENATE BILL NO. 50
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 14. DELAWARE CODE, TO PROVIDE TUITION-FREE HIGHER
EDUCATION FOR PERSONS AGE 60 OR OLDER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 34, Title 14, Delaware Code by adding thereto a new Subchapter HI to
read as follows:
"SUBCHAPTER M. Higher Education for Senior Citizens.
53421. Fees.
The Boards of Trustees of the University of Delaware, Delaware State College, and Delaware
Technical and Community College are hereby authorized and directed to establish, by not later than
the Fall quarter of 1986, a program whereby citizens of this State who are 60 years of age or older,
and who are formal degree candidates, may attend classes for credit or audit without payment of
application, course registration, or other related fees. Persons enrolled in such program shall be
required to pay the cost of all books, supplies, laboratory fees, and shop fees.
3422. Limitations.
The privilege authorized by this Subchapter may be granted only on a space available basis if
such classes are not filled as of the close of registration. The institutions listed in this Subchapter
may limit or deny the privilege for courses which are in programs for which a selective admissions
criteria has been established."
Approved June 28, 1985.
CHAPTER 42
FORMERLY
SENATE BILL NO. 70
AN ACT TO AMEND SECTION 3909, TITLE 25, AND SECTION 5102, TITLE 10, DELAWARE CODE,
RELATING TO THE JURISDICTION OF JUSTICE OF THE PEACE COURT NO. 5 IN MILFORD.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend 83909, Title 25, Delaware Code, by adding the following language to the beginning
of said section as follows:
"Except where a lien holder's business establishment is located within the city limits of Milford,
or within 3 miles of said limits, in which case Justice of the Peace Court No. 5 In Milford shall have
exclusive Jurlsdiction,".
Section 2. Amend 85102, Title 10, Delaware Code, by striking the number "2" therein and
substituting the number "3".
Approved June 28, 1985.
31
32
CHAPTER 43
FORMERLY
SENATE BILL NO. 127
AN ACT TO AMEND CHAPTER 47, TITLE 29, DELAWARE CODE, RELATING TO CORNEAL
TRANSPLANTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Chapter 47, Title 29, Delaware Code, is hereby amended by striking §4711 thereof, and
by substituting In lieu thereof the following:
"§4711. Authority to Provide Corneas to Eye Hanks
(a) Upon request of an approved eye bank on behalf of a patient In need of corneal tissue
for a transplant, a Medical Examiner is authorized to provide the cornea under the following
conditions:
a decendent who may provide a suitable cornea for transplant is under the
Jurisdiction of the Medical Examiner;
an autopsy will be required;
no objection by the decadent or next of. kin is known by the Medical Examiner
prior to the removal of the cornea by a representative of an approved eye bank; and
removal of the cornea for transplant will not interfere with the subsequent course
of a post. mortem examination or alter the post- mortcm facial appearance.
(b) For the purposes of this section, the following terms shall have the following meanings:
(1) 'approved eye bank'. Includes the Medical Eye Bank of Delaware and the Eye
Foundation of Delaware Valley;
(2) 'Next- of kin' means:
a spouse:
if no spouse, the decedents adult children;
if no spouse or adult children, the decedents parents;
if no spouse, adult children or parents, the person who is legally entitled to
claim the decedent's remains for final disposition.
(3) The Medical Examiner or an approved eye bank while acting in compliance with
this section, shall not be liable to the next of kin of a decedent, whose corneal tissue is
removed and donated pursuant to this section, for any civil damages."
Approved June 28, 1985.
CHAPTER 44
FORMERLY
SENATE BILL NO. 133
AN ACT TO AMEND CHAPTER 33. TITLE 19, DELAWARE CODE, RELATING TO UNEMPLOYMENT
COMPENSATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend §3302, Subsection 10. subdivision (k), Chapter 33, Title 19, Delaware Code, by
striking the phrase "under the age of 22" as the same appears in said section.
Approved June 28,1985.
33
CHAPTER 45
FORMERLY
SENATE BILL NO. 145
AS AMENDED BY
SENATE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT
COMPENSATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three fifths of
all members elected to each House thereof concurring therein):
Section 1. Amend Title 19, Delaware Code, by striking existing 93302(18) (A) thereof in its entirety
and by substituting in Its place a new §3302(18) (A) to read as follows:
"(A) For the purpose of §3345 and §3348 of this title:
(i) After December 31, 1982, that part of the remuneration which, after remuneration equal to
$7,200 with respect to employment during any calendar year, Is paid to an individual by an employer
or his predecessor during such calendar year; or
(LI) After December 31, 1983, that part of the remuneration which, after remuneration equal to
$8,000 (or such greater amount as may be specified as the taxable wage base In the Federal
Unemployment Tax Act) with respect to employment during any calendar year, is paid to an
Individual by an employer or his predecessor during such calendar year; or
After December 31, 1985, that part of the remuneration which, after remuneration equal to
$8,250 (or such greater amount as may be specified as the taxable wage base in the Federal
Unemployment Tax Act) with respect to employment during any calendar year, Is paid to an
individual by an employer or his predecessor during such calendar year; or
After December 31, 1986, that part of the remuneration which, after remuneration equal to
$8,500 (or such greater amount as may be specified as the taxable wage base in the Federal
Unemployment Tax Act) with respect to employment during any calendar year, is paid to an
individual by an employer or his predecessor during such calendar year.
For the purpose of this paragraph, the term "employment" shall include service constituting
employment under any unemployment compensation law of another state."
Section 2. Amend Title 19, Delaware Code, by striking existing 53313(b) thereof in its entirety and
by substituting in its place a new §33I3(b) to read as follows:
"(b) An individual's weekly benefit amount, for claims filed for weeks of unemployment
beginning July I, 1983, shall be an amount equal to 1178 of his total wages for employment by
employers paid during the 3 quarters of the indlvidual's base period In which such wages were
highest. if such weekly benefit amount Is not an even dollar amount, it shall be rounded down to the
next whole dollar.
The amount shall not be less than $20 nor more than 66 2/3 percent of the statewide average
weekly wage as defined In subdivision (21) of §3302 of this title; however,
For the period beginning July I, 1983, and ending June 30, 1985, the amount shall not be
less than $20 nor more than $165.
For the period beginning July 1, 1985, and ending June 30, 1986, the amount shall not be
less than $20 nor more than $195.
For the period beginning July I, 1986, and ending June 30, 1987, the amount shall not be
less than $20 nor more than $205."
Computations for each increase in the maximum weal* benefit amount shall commence
with new claims flied to establish a benefit year commencing on or after the effective date of
such increase."
Section 3. Amend Title 19, Delaware Code, by striking §3350(5) thereof in its entirety and by
substituting in its place a new §3350(5) to read as follows:
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Chapter 45 41
"(5) The basic assessment rate for each employer for the current calendar year shall be
determined prior to the due date of the first basic assessment for such year in accordance with the
following table:
If the employer's benefit wage ratio exceeds the percentage in the last column of the table opposite
the State Experience Factor, his basic contribution rate shall be 8%."
Section 4. Amend g3350, Title 19 of the Delaware Code by striking the brackets and the word
"Repealed" after subsection heading "(7)" and substituting a new paragraph to read as follows:
"Notwithstanding any inconsistent provisions of this chapter, If after the last day of any
claimant's benefit year but within the 30 days next following thereafter, an employer for whom
benefit wage charges were made as a consequence of such claimant's receipt of benefits files a
written notice in such manner as the Department shall prescribe, stating that he had reemployed
such claimant within the claimant's benefit year, and the Department finds that such employee
received in benefits a total amount aggregating not more than 25 percent of the maximum benefit
payments to which he was entitled within such benefit year because of such reemployment, the
employer's benefit wage record shall be credited with 75 percent of the benefit wages previously
charged against him relating to such claimant's previous employment; or if the Department finds
that such employee received in benefits an amount aggregating more than 25 percent but not more
than 50 percent of the maximum benefits to which he was entitled within such benefit year because
of such reemployment, the employer's benefit wage record shall be credited with 50 percent of the
benefit wages previously charged against him relating to such claimant's previous employment: or if
the Department finds that such employee received in benefits a total amount aggregating more than
50 percent but not more than 75 percent of the maximum benefits to which he was entitled within
such benefit year because of such reemployment, the employer's benefit wage record shall be
credited with 25 percent of the benefit wages previously charged against him relating to such
claimant's previous employment. In computing an employer's assessment rate for any calendar year,
credits may be used only in connection with rehires of claimants whose benefit years ended no later
than June 30 of the calendar year immediately preceding.
Employer 'rehire credits' as defined above shall not be used In the calculation of the 'State
Experience Factor' as determined in accordance with 33350(4) of this Title."
Section 5. Amend ;3401 of Chapter 34 of Title 19, Delaware Code by striking existing subsections (b)
and (c) in their entirety. Further amend g3401 by designating existing subsection (d) as a new subsection
(b).
Section 6. The provisions of Section 3 shall be effective July I, 1985 for taxes due on taxable wages
paid in the year commencing January I, 1986.
Section 7. The provisions of Section 4 shall be effective My I, 1985 as they affect the computation
of an employer's assessment rate for any calendar year beginning after December 31, 1985.
Section 8. The provisions of Section 5 shall be effective with assessments due for the calendar
quarter ending December 31, 1985.
Approved June 28, 1985.
4 2
CHAPTER 46
FORMERLY
SENATE BILL NO. 169
AN ACT TO AMEND TITLE 21, 54401(b) DELAWARE CODE, RELATING TO ABANDONED VEHICLES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 21, 54401(b) Delaware Code, by inserting after the word "wrecked" as it
appears therein the following:
", or which display expired registration plates which are at least 30 days expired, or which
display no registration plates,".
Approved June 28, 1985.
CHAPTER 47
FORMERLY
SENATE BILL NO. 184
AN ACT TO AMEND CHAPTER 63, TITLE 7, DELAWARE CODE, ESTABLISHING A REVOLVING FUND
FOR THE REVENUES AND THE INITIAL FUNDING OF THE DEPARTMENT OF NATURAL
RESOURCES AND ENVIRONMENTAL CONTROL; AND TO TRANSFER FUNDS FROM THE
BUDGET OFFICE CONTINGENCY (10-02. 004) (SALARIES & OEC) TO THE DEPARTMENT
MANAGEMENT BUDGET UNIT (40-01 001), FOR THE PURPOSE OF PROVIDING START. UP
FUNDS FOR THE HAZARDOUS WASTE/GROUND WATER CLEAN UP REVOLVING FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend 56308, Chapter 63, Title 7, Delaware Code by adding a new paragraph (5) as
follows:
"(5)(a) A Hazardous Waste/Ground Water Cleanup Revolving Fund is hereby established for the
purpose of providing the funds to expeditiously undertake the investigation of and conduct necessary
remedial measures to mitigate instances of ground water contamination or accidents which may
pose a significant threat to human health and/or the environment.
All revenues recovered under 56308 shall be retained by the Department of Natural
Resources and Environmental Control and placed In the Hazardous Water/Ground Water Cleanup
Revolving Fund. Expenditures from this fund shall be controlled by the Appropriated Special Funds
portion of the annual Budget Act.
In the event that the revolving fund Is expended and the Department requires additional
funding to address hazardous waste/ground water contamination Incidents which may pose
significant threats to human health and/or the environment, the Secretary may petition the
Secretary of Public Safety for additional funds under Title 29, 58232 (Hazardous Substance Spill
Clean up).
The Secretary of the Department of Natural Resources and Environmental Control must
report annually to the Governor and the General Assembly on or before July lit all expenditures
from this fund, receipts collected, on going litigation, and its current balance.
The General Fund start up monies shall be a continuing appropriation until June 30, 1990.
The Department may request additional funding for this purpose during the normal budgetary
process when they project that the initial balance cannot be maintained due to protracted
litigations."
Section 2. The Budget Dirctor and the Controller General are hereby authorized and directed to
transfer the sum of $300,000 from the Budget Office Contingency (l0 02-004) (Salaries & OEC) to the
Department of Natural Resources and Environmental Control, Department Management Budget Unit
(40-01 001) Hazardous Waste/Ground Water Clean up Revolving Fund. They are further directed to
approve the mechanism, procedures and conditions by which the fund may be supplemented by the
Department of Public Safety in the event of insufficient funds to remediate a hazardous substance
Incident.
Approved June 28, 1985.
43
CHAPTER 48
FORMERLY
SENATE BILL NO. 210
AS AMENDED BY SENATE AMENDMENT NO. I
AN ACT TO AMEND TITLE 11 AND TITLE 24 OF THE DELAWARE CODE RELATING TO MISSING
PERSONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subchapter II (§8527 through §8530), Chapter 85, Part V. Title 11 of the Delaware
Code by re. designating said subchapter as new Subchapter III (§8541 through ;8544).
Section 2. Amend Chapter 85, Part V. Title 11 of the Delaware Code by adding thereto a new
subchapter, designated as Subchapter 11 which new subchapter shall read as follows:
"SUBCHAPTER II. MISSING PERSONS
§8531. Definitions
The following words, terms and phrases, when used in this subchapter, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
'Complaint' shall mean any report, notification or information given to a law enforcement
officer that a person is missing or cannot, with reasonable care, be located;
'Missing person' shall mean a person who is mining, and who also meets one of the following
characteristics:
(I) such person is physically or mentally disabled;
such person was, or is, in the company of another person under circumstances
indicating that the missing person's safety may be in danger;
such person is missing under circumstances indicating that the disappearance was not
voluntary;
such person is an unemancipated minor.
(b) 'Unemancipated minor' shall mean a minor who has not married, and who resides with a
parent or other legal guardian.
8532. Missing Persons; Original Complaint
A missing person complaint may be made to any county, town, city or state law enforcement agency
or any other appropriate state agency. Such complaint shall state the age of the missing person. When
an agency has received a missing person complaint, such agency shall immediately disseminate all known
facts concerning the missing person to all county and state law enforcement agencies, and to any other
law enforcement agency which may be appropriate. A new missing person complaint shall have high
priority.
58533. Minim Persons; Law Enforcement Reports
(a) The law enforcement agency which has primary Jurisdiction in the area from which a missing
person complaint has been filed shall prepare, as soon as practicable, a report on the missing person.
Such report shall include, but is not limited to, the following:
(I) all information contained in the original complaint;
all information or evidence gathered by the preliminary Investigation, if one was made;
a statement, by the law enforcement officer in charge, setting forth that officer's
assessment of the case, based upon all evidence and information received;
any additional, supplemental or unusual information which the agency feels may be of
Importance In locating the missing person.
88534. Dissemination of the Missing Person Report
Upon completion of the Missing Person Report, the law enforcement agency shall send a copy of the
44 Chapter 48
report to:
each law enforcement officer having Jurisdiction over the location in which the missing
person Lives, or was last seen:
each State agency which the reporting law enforcement agency considers to be potentially
involved, and each private agency known to the law enforcement which has, as at part of its
functions, the searching for or location of missing persons;
each State agency which the nearest relative to the missing person, or the complainant of
no relative is located, requests that the report be sent to; provided however, that the forwarding of
any report under the provisions of this section shall be at the discretion of the law enforcement
agency.
Each law enforcement agency which requests a copy of the Missing Person Report.
$8535. Unemancipated Minors
If a report of a missing person involves an unemancipated minor, the law enforcement agency shall
Immediately transmit all proper information for inclusion into the National Crime Information Center
(N.C.I.C.) computer.
If a report of a missing person involves an unemancipated minor, the law enforcement agency shall
not prevent an immediate active investigation on the basis of any agency rule which specifies an
utomatic time limitation for a missing person investigation.
$8536. Missing Persons; Dental Records
Each law enforcement agency shall be provided with dental authorization forms, promulgated by the
Attorney General, which when signed by a parent or guardian of a minor shall permit release of dental
records to law enforcement authorities. Where the Missing Person Complaint indicates that the missing
person is under eighteen years of age, a properly executed dental authorization shall be taken to the
family dentist and any other dentist which has records which would assist in identification of the missing
person. Such dental identification shall be disseminated to the Medical Examiner and all other
appropriate state agencies.
S8537. Unidentified Deceased Persons
It shall be the duty of every law enforcement agency to:
acquire, collect, classify, and preserve any information which would assist in the
identification of any deceased Individual who has not been identified after the discovery of such
deceased individual;
acquire, collect, classify, and preserve immediately any information which would assist in
the location of any missing person, including any minor, and provide confirmation as to any entry to
the parent, legal guardian, or next of-kin of such person; and the agency shall acquire, collect,
classify, and preserve such information as it deems necessary from each such parent, guardian or
next of-kin; and
exchange such records and information as are provided for in this section with other law
enforcement agencies of this State, of any other State, or of the United States. With respect to
missing minors, such information shall be transmitted immediately to other law enforcement
agencies.
$8538. Unidentified Deceased Persons; Fingerprints
The Medical Examiner shall promptly furnish the Department of Public Safety with copies of the
fingerprints of each unidentified deceased person. The copies of such fingerprints shall be on
standardized cards, and shall be accompanied by descriptions and other identifying data, including any
available information concerning the date and place of death. In any instance where it is not physically
possible to furnish prints of all ten fingers, the prints or partial prints of any fingers, together with
Identifying data shall be forwarded by the Medical Examiner to the Department."
Approved June 28, 1985.
45
CHAPTER 49
FORMERLY
HOUSE BILL NO. 41
AN ACT TO AMEND CHAPTER 35, TITLE 10, DELAWARE CODE, RELATING TO ATTACHMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 83502, Chapter 35, Title 10, Delaware Code by striking said section in its entirety
and substituting in lieu thereof the following:
"83502. Corporations Subject to Attachment and Garnishment
All corporations doing business in this State, except as specified in subsections (b) and (c) of
this section are subject to the operations of the attachment laws of this State, as provided in case of
Individuals. A corporation shall be liable to be summoned as garnishee.
Banks, savings institutions and loan associations, except only as to a wage attachment
against the wages of an employee of the bank, savings institution or loan association, shall not be
subject to the operations of the attachment laws of this State.
Insurance companies, except as to (1) monies due in consequence of the happening of the
risk provided for in the policy of insurance; or (2) a wage attachment against the wages of an
employee of the insurance company, shall not be liable to attachment.
Approved June 28, 1985.
CHAPTER 50
FORMERLY
HOUSE BILL NO. 82
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS; AND
INCLUDING CERTAIN PRODUCTS WITHIN THE JURISDICTION OF THE ALCOHOLIC BEVERAGE
CONTROL COMMISSION.
BE rr ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Three- fifths of
all the members elected to each House thereof concurring therein)
Section 1. Amend 8101, Chapter 1, Title 4 of the Delaware Code by adding, at the end of Subsection
(2), the following:
"A concentrated alcoholic beverage shall be an 'alcoholic liquor' for purposes of this Title."
Section 2. Amend POI, Chapter 1, Title 4 of the Delaware Code by re- designating present
Subsection (9) as new subsection (10), and by re- designating each succeeding subsection accordingly.
Section 3. Amend 8101, Chapter 1, Title 4 of the Delaware Code by adding thereto a new
subsection, designated as Subsection (9), which new subsection shall read as follows:
"(9) 'Concentrated alcoholic beverage' shall mean any powders or crystals, liquid or any other
substances which, after being mixed with sugar, water or any other non alcoholic materials,
ferments or otherwise becomes a wine, beer or other alcoholic beverage."
Section 4. Amend 8712, Chapter 7, Title 4 of Delaware Code by adding, at the end of said section,
the following:
"Notwithstanding any other provision In this Chapter or title, concentrated alcoholic beverages
are not "home, manufactured wines" for purposes of this section, and all Commission regulations and
tax requirements concerning home- manufactured wines shall not apply to concentrated alcoholic
beverages."
Section 5. Nothing in this Act shall be construed or interpreted as placing mouthwashes, cough
medications, sedatives (or any other similar product not advertised for consumption as a wine or other
alcoholic beverage) within the jurisdiction of the Alcoholic Beverage Control Commission."
Approved June 28, 1985.
46
CHAPTER 51
FORMERLY
SENATE BILL NO. 130
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND SUBCHAPTER I, CHAPTER 5, TITLE 10, DELAWARE CODE, RELATING TO THE
SUPERIOR COURT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 509, Subchapter I, Chapter S. Title 10, Delaware Code, by striking said section in
its entirety and substituting in lieu thereof a new section 509 to read as follows:
"5509. Additional Associate Judges
There shall be eight Associate Judges in addition to the President Judge and the four Associate
Judges specifically required by the provisions of Article IV, 52 of the Constitution."
Section 2. Amend subchapter 1, Chapter 5, Title 10, Delaware Code, by adding a new Section 510 to
read as follows:
"5510. Consideration of Consolidation
In order to address the long- range needs of the Superior Court, a Committee shall be designated
by the Supreme Court to consider the consolidation of the Court of Common Picas, the Municipal
Court for the City of Wilmington, and Family Court with the Superior Court."
Section 3. The provisions of this Act shall become effective July I, 1985, and the Committee so
designated pursuant to Section 2 of this Act shall report its findings and recommendations to the
Governor and the General Assembly within one year of the effective date.
Approved June 30, 1985.
CHAPTER 52
FORMERLY
SENATE BILL NO. 172
AN ACT TO AMEND CHAPTER 47. TITLE 16, DELAWARE CODE, TO CLOSE A LOOPHOLE WHICH
PRECLUDES PROPER PROSECUTION OF SOME NARCOTICS VIOLATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend 54751(b), Title 16, Delaware Code, by redesignating the said Subsection (b) as
Subsection (c) and inserting therein a new Subsection (b) to read as follows:
"(b) Except as authorized by this chapter, any person who manufactures, delivers or possesses
with the intent to manufacture or deliver a controlled substance or a counterfeit controlled
substance classified in Schedule ill, IV or V which is a narcotic drug is guilty of a felony and shall be
fined not less than $3,000 nor more than $15,000 and imprisoned not more than 15 years."
Approved June 30, 1985.
CHAPTER 53
FORMERLY
SENATE BILL NO. 185
AN ACT TO AMEND CHAPTER 82, TITLE 29, DELAWARE CODE, ESTABLISHING A REVOLVING
FUND FOR THE REVENUES AND THE INITIAL FUNDING OF THE DEPARTMENT OF PUBLIC
SAFETY; AND TO TRANSFER FUNDS FROM THE BUDGET OFFICE CONTINGENCY (10-02-004)
(SALARIES & OEC) TO THE ADMINISTRATION BUDGET UNIT (45-01-001) (HAZARDOUS
SUBSTANCE SPILL CLEAN-UP) FOR THE PURPOSE OF PROVIDING START-UP FUNDS FOR THE
HAZARDOUS SUBSTANCE SPILL CLEAN-UP REVOLVING FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend $8232, Chapter 82, Title 29, Delaware Code by striking paragraph (b) and
substituting thereof the following:
A Hazardous Substance Spill Clean- up Revolving Fund is hereby established for the purpose
of providing the funds to undertake the emergency clean-up and necessary remedial measures. The
Department of Natural Resources and Environmental Control shall be responsible under Chapter 63,
Title 7, Delaware Code for the assessment of any long term environmental impact and conducting
the necessary remedial action."
Section 2. Amend 58232, Chapter 82, Title 29, Delaware Code by striking paragraph (c) and
substituting thereof, the following:
All revenues recovered from the responsibility party shall be retained by the Department
of Public Safety and placed in the Hazardous Substance Spill Clean-up Revolving Fund.
Expenditures from the Fund shall be controlled by the Appropriated Special Funds portion of the
annual Budget Act."
Section 3, The General Fund start- up monies shall be a Continuing Appropriation until June 30, 1990.
Section 4. The Budget Director and the Controller General are hereby authorized and directed to
transfer the sum of $20,000 from the Budget Office Contingency (10-02-004) (Salaries & OEC) to the
Department of Public Safety. Administration Budget Unit (45-01-001) Hazardous Substance Spill
Clean-up Revolving Fund.
Approved June 30, 1985.
CHAPTER 54
FORMERLY
SENATE BILL NO. 82
AN ACT TO AMEND TITLE 9, CHAPTER 70, SECTION 7004 OF THE DELAWARE CODE, RELATING
TO THE PROCUREMENT OF SERVICES OR SUPPLIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Title 9, Chapter 70, Section 7004 (c), subparagraph of paragraph 17 is hereby amended by
striking the figure "$2,500" where it appears and inserting in lieu thereof the figure "$5,000".
Approved July I. 1985.
47
48
CHAPTER 55
FORMERLY
SENATE BILL NO. 83
AN ACT TO AMEND TITLE 9, CHAPTER 70, SECTION 7002 OF THE DELAWARE CODE, RELATING
TO SALARY AND EXPENSES OF THE COUNTY GOVERNMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Title 9, Chapter 70, Section 7002 (d) is hereby amended by striking the words and figures
"by ordinance except that such annual salary shall not exceed $10,000." and inserting in lieu thereof
"during the consideration and adoption of the annual operating budget ordinance."
Approved July I. 1985.
CHAPTER 56
FORMERLY
SENATE BILL NO. 85
AN ACT TO AMEND SECTION 6109, TITLE 9, OF THE DELAWARE CODE ANNOTATED, AS IT
RELATES TO GOVERNMENT OF SUSSEX COUNTY OPERATION OF COURTHOUSE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 9, Section 6109, by deleting the second paragraph as it now appears and
substituting in lieu thereof the following:
"AU contracts and engagements for the erection or repair of said buildings or for the purchase
of equipment and supplies, where the probable amount shall be in excess of $5,000, shall be
submitted to public bidding after due advertising and shall be awarded to the lowest responsible
bidder, unless for reasons deemed expedient by the county government."
Approved July 1, 1985.
CHAPTER 57
FORMERLY
SENATE BILL NO, 87
AN ACT TO AMEND SECTION 7007. TITLE 9, OF THE DELAWARE CODE ANNOTATED, AS IT
RELATES TO SUSSEX COUNTY ADVISORY RETIREMENT BOARD.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Title 9, Section 7007, by deleting the last sentence of the first paragraph as it
now appears and substituting therefore a new sentence to read as follows:
"The members of the Board shall receive such compensation as fixed by the County Council of
Sussex County."
Approved July I. 1985.
CHAPTER 58
FORMERLY
SENATE BILL NO. 88
AN ACT TO AMEND TITLE 9, CHAPTER 68, 66804 OF THE DELAWARE CODE RELATING TO
ORGANIZATION OF PLANNING AND ZONING COMMISSION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Title 9, Chapter 68, 66804 is hereby amended by striking said section in its entirety and
Inserting in lieu thereof the following:
"66804. Organization. power and duties
At the first regularly scheduled meeting of the Commission in July of each year, the
Commission shall convene and organize by selecting a Chairman. Before entering upon the duties of
the office, each member shall take and subscribe the oath or affirmation prescribed by the
Constitution. The Commission may create and fill such other offices in addition to Chairman as it
may determine. It shall adopt rules for the transaction of business and shall keep a record of its
resolutions, transactions, findings and determinations, which records shall be a public record.
Three voting members of the Commission shall constitute a quorum.
The county government shall provide suitable and convenient office space for the use and
occupancy of the Commission, and shall furnish and supply all necessary equipment for the office."
Approved July 1, 1985.
CHAPTER 59
FORMERLY
SENATE BILL NO. 89
AN ACT TO AMEND TITLE 9, CHAPTER 86, 68604 OF THE DELAWARE CODE RELATING TO
PENALTY FOR LATE PAYMENT OF TAXES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Title 9, Chapter 86, 68604(a), is hereby amended by striking said subsection in its
entirety and inserting in lieu thereof the following:
"(a) The receiver of taxes and county treasurer or director of finance of Kent and New Castle
Counties shall, after the 30th day of September in the year In which the tax duplicate shall be
delivered to them, add to taxes to be paid thereafter a penalty of 1 percent per month until the
same shall be paid.
In New Castle County, an additional penalty of 5% shall be added on after the 30th day of
September on the taxes due for the current tax year.
In Sussex County, the director of finance shall, after the 30th day of September in the year in
which the tax duplicate shall be delivered to him, add to taxes to be paid thereafter a penalty of 1.5
percent per month until the same shall be paid."
Approved July 1, 1985.
49
50
CHAPTER 60
FORMERLY
SENATE BILL NO 91
AN ACT TO AMEND TITLE 9, CHAPTER 87, §8705 OF THE DELAWARE CODE RELATING TO LIEN OF
TAXES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Title 9, Chapter 87, §8705(b) is hereby amended by striking said section in its entirety
and inserting in lieu thereof the following:
"(b) All taxes assessed against real estate by Sussex County shall continue a lien against such
real estate for ten (10) years from the first day of May of the year for which the taxes were levied,
but if the real estate remains the property of the person who was the owner at the time that it was
assessed, then the lien shall continue until the tax is collected. The lien of taxes shall have priority
over all other liens.
Approved July 1, 1985.
CHAPTER 61
FORMERLY
SENATE BILL NO. 153
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 3, TITLE 22, OF THE DELAWARE CODE RELATING TO THE
GRANTING OF VARIANCES BY MUNICIPAL BOARDS OF ADJUSTMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Section 327(aX3), Chapter 3, Title 22 of the Delaware Code by striking Section
327(aX3) In its entirety and substituting in lieu thereof the following:
"(3) Authorize, in specific cases, such variance from the provisions of any zoning ordinance,
code, or regulation that will not be contrary to the public interest, where, owing to special
conditions or exceptional situation, a literal interpretation of the provisions of any zoning
ordinances, code, or regulation will result in unnecessary hardship or exceptional practical
difficulties to the owner of property so that the spirit of the ordinance, code, or regulation shall be
observed and substantial justice done, provided such relief may be granted without substantial
detriment to the public good and without substantially impairing the intent and purpose of any
zoning ordinance, code, regulation, or map."
Section 2. From one year following the enactment of this Act, the Board of Adjustment shall not
rehear any application for a variance which has been rejected on the merits by the Board or by
reviewing Court as of the date of the enactment of this Act.
Approved July 1, 1985.
51
CHAPTER 62
FORMERLY
HOUSE BILL NO. 6
AN ACT TO AMEND CHAPTER 5, TITLE 1 OF THE DELAWARE CODE RELATING TO LEGAL
HOLIDAYS: AND DESIGNATING RETURN DAY AS A HALF-DAY HOLIDAY IN SUSSEX COUNTY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend $501, Chapter 5, Title I of the Delaware Code by striking the words "and Return
day, the second day after the General election, in 1976" as the same appear at the end of the first
paragraph; and substituting the words "and in Sussex County, Return Day, the second day after the
General Election, after 12:00 Noon" in lieu thereof.
Approved July I, 1985
CHAPTER 63
FORMERLY
HOUSE BILL NO. 48
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 85, TITLE 14 OF THE DELAWARE CODE RELATING TO PRIVATE
BUSINESS AND TRADE SCHOOLS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Section 8504, Title 14 of the Delaware Code by adding a new $8504(7) to read as
follows:
"(7) The entrance requirements for admission to each program offered by the school, and a
copy or example of the instrument or instruments used to test for admission to each program."
Section 2. Amend Subsection (2) of Section 8505, Title 14 of the Delaware Code by striking said
subsection in its entirety and substituting in lieu thereof a new subsection (2) to read as follows:
"(2) To agree to provide a surety company bond for the protection of the contractual rights of
students in such form and amount as will meet with the approval of the Board and written by a
company authorized to do business in this State. Such bonds shall be deposited with the Secretary of
State. The surety bond shall be in an amount equal to the anticipated gross tuition receipts in the
calendar year for which a certificate of approval is requested. However, the surety bond shall be
for not less than $5,000 per calendar year regardless of anticipated gross receipts. On or before
July 15 of each calendar year, the school shall supply a notarized statement of actual gross tuition
receipts for the period January 1 through June 30 of that calendar year. In the event that the
receipts for that six month period exceed one- half of the amount of the bond held by the Secretary
of State for that calendar year, the school shall supply a new bond in an amount equal to twice the
amount of actual gross tuition receipts for the period January 1 through June 30."
Approved July 1, 1985.
52
CHAPTER 64
FORMERLY
HOUSE BILL NO. 79
AN ACT TO AMEND CHAPTER 90, TITLE 11 OF THE DELAWARE CODE RELATING TO THE VIOLENT
CRIMES COMPENSATION BOARD AND CONFLICTS OF INTEREST.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 90, Title 11 of the Delaware Code by adding a new section to read as
follows:
"59018. Conflict of Interest
Any member of the Board with a direct or Indirect interest in a matter In question shall
disqualify himself from any consideration of that matter.
Approved Jut), 1, 1985.
CHAPTER 65
FORMERLY
HOUSE BILL NO. 111
AS AMENDED BY HOUSE AMENDMENT NO. 2
AN ACT TO AMEND CHAPTER 83, TITLE 9 OF THE DELAWARE CODE RELATING TO THE
VALUATION OF LAND DEVOTED TO AGRICULTURAL, HORTICULTURAL OR FORESTRY USE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 58333 of Chapter 83, Title 9, Delaware Code by adding a sentence at thc end of
t

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY THIRD
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 8, A. D.
1985
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1986
VOLUME LXV